



[' ' %? ^ "life'' ^ 




>** 






k- ^ ^ »WWV« v 












J I > 



From the Charter of Connecticut, 1<5<)^. 
lith. ofJ).1KXello$ff<k Co. /Mr/font. Ct, 



GOVERNORS. 



f(/?fn^> 









./\ d vvyfy'J nnxA— 



J qf£ <TJ«t- 



Luh. ofD.V.Kettoao d C< 



KING 



** * QUEfiNs 




^^■ftfttt 



<?£?<* /'- 



LETTERS 

FROM THE ENGLISH KINGS AND QUEENS 

CHARLES II, JAMES II, WILLIAM AND MARY, 
ANNE, GEORGE II, &C. 

TO THE 



GOVERNORS OF THE COLONY OF CONNECTI- 

CUT, TOGETHER WITH THE ANSWERS 

THERETO, FROM 1635 TO 1749; 



AND OTHER ORIGINAL, ANCIENT, LITERARY AND CURIOUS DOCU- 
MENTS, COMPILED FROM FILES AND RECORDS IN THE 
OFFICE OF THE SECRETARY OF THE STATE 
OF CONNECTICUT. 



BY R. R. klNMAN, A. M. 

Secretary of the State of Connecticut, 



-JOHN B. ELDREDGE, PRINTER* 
"18367 



•Hfct 



COPY RIGHT SECURED. 



To the American Antiquarian Society at Worces- 
ter, Mass. 

Gentlemen— Fully believing in the utility of giving to 
the public the historical facts embraced in this work, they 
being founded upon such evidence, as prove their authenti- 
city, I beg leave to dedicate to the American Antiquarian 
Society the following sheets. It is intended as a text book 
of the early history of the Colony. 

In affixing the name of your society to this publication, 
and depositing a volume in your Library, I may be enabled 
to preserve entire, its title page and one volume of the work, 
long after the book itself shall be forgotton by the present 
generation. 

I have the satisfaction, of subscribing myself a devoted 
friend to your institution. 

Respectfully Yours, 

R. R. HINMAN. 

Hartford. September 15th, 1836. 



PREFACE. 



The Author, or rather Compiler of the following work, 
publishes it as an act due the State, for the purpose of trans- 
mitting- to posterity, a correct history of facts and events, 
which transpired in the early settlement of Connecticut- 
commencing 1 , even before the falling* of the first tree in the 
forest, by any white man in the Colony. 

It is a compilation of a correspondence of the Kings and 
Qeens of England, with the different Governors of the 
Colony — from the first settlement in Windsor, Hartford and 
Wethersfield, in 1635, for the term of more than one hun- 
dred years — embracing letters from the Lords of the Coun- 
cil of trade and foreign plantations ; a correct^copy of the 
old patent of Connecticut ; letters from the Hon. the Com- 
missioners of his Majesties customs in England ; and an- 
swers by the Governors, &c. Also letters to apprehend 
Capt. Kidd, as a pirate, and many other interesting, curioug 
literary communications — among which are twenty-seven 
questions sent to this Colony by the Lords of the Council of 
trade in 1679, with the answers of Gov. Leet — which an- 
swers are probably as correct early history of this Colony as 
is extant, and will be highly interesting to all readers. In- 
deed they are a succinct history of the Colony at that period, 
as to its navigation, productions, shipping, population, state 
of society, Indian wars, religion, title of lands, trade and man- 
ufactures, &c. And when we contemplate that these an- 
swers were written by a Governor of this State, when a 
Colony, nearly two hundred years since, upon this ground, 
then occupied by the sturdy trees of the forest, but now 
covered with stores, banks, public buildings and the splendid 
private dwellings of the refined population of the City of 
Hartford— and this, the first publication of most of them, 

1* 



Tl PREFACE. 

they cannot fail to be interesting to the most inattentive ob- 
server of past events. 

The orthography of the original letters and documents is 
strictly and carefully preserved. 

The signatures of the Kings and Queens are uniformly 
placed at the commencement of the communications, and 
not at the close as is usual for other persons ; the large, ele- 
gant and expensive seals attached to each letter, are yet in a 
perfect state of preservation. The idea that the delicate 
hands of Queen Mary and Anne of England have been upon 
the same sheets, which I have copied for this book, and near- 
ly two centuries smce, satisfies the mind that these events 
are indeed ancient, and appears rather as a dream, than a 
reality. The reader will occasionally observe, that answers 
to letters from England, are some few of them missing, not 
having been preserved by the writers as they should have 
been, not only for the benefit of the Colony at the time, but 
also for the advantage of future historians and the honor of 
the country. 

This work is not published by the compiler expecting 
even a compensation for his labor, but solely to transmit to 
posterity, the important historical events which it contains, 
emanating from the pens of the Kings and Queens of Eng- 
land, aiad the Governors of this Colony, verified by their own 
signatures and Seals, the last of whom have been gathered 
to their fathers nearly a century. 

In the year 1730 a letter was sent to this Colony by the 
Commissioners for trade and plantations, embracing 19 ques- 
tions, relating to Connecticut, which were answered by Jo- 
seph Talcott, then Governor of the Colony, under the inspec- 
tion of his Council or assistants, giving an account of the 
rivers and land adjoining — the sound, the soil, the climate, 
the degrees of latitude and longitude of the Colony, the boun- 
daries, the Constitution and Government, the Courts, trade, 
the shipping, names of each vessel and Captain, and their 
tonnage and place where owned ; property received in barter, 
method used to prevent illegal trade, harbours on the sound, 
produce of the Colony, copper and other ore mines, the pop- 
ulation and increase and reasons for it, the number of mili- 
tia, forts and arms, the number of Indians of all ages and 
sexes, the five nations of Indians, the French and West- 
ern Indians, the Spaniards and their strength, the annual 
revenues from rates and duties, the expenditures in free 
schools, constituting the different Courts and their jurisdic- 
tion, and the organization and division of the militia ; which 
answers compared with those of 1679 shows the improve- 



PREFACE. Vll 

ment of the Colony and country for the fifty-one years pre- 
vious. In 1748 the Board of trade forwarded to the Govern- 
or of this Colony twenty questions, similar to those before 
mentioned, which were answered by the Governor in the 
same manner; which answers compared with those of 1679, 
and 1730 give to the reader a more perfect history of the 
Colony from 1635 to 1748, (as to such facts as it contains) 
than can be found in any other work, because each fact can 
be relied upon as authentic, having been written at the time, 
by men of the highest standing and reputation, not only in 
England, but also in this Colony. Also is found upon the 
first page of the work a perfect likeness of Charles II, taken 
by the Messrs. Kellogg, Lithographers of this City, from the 
Charter of Charles II in this office. Upon the opposite page 
are found fac-similes of the hand writing of the Kings and 
Queens, also some of the Gov'rs. of the Colony, \ .,se names 
are attached to their letters in this book. Also a full list is 
compiled from the Records of State, of all the Colony and 
State Officers who have been elected by the people of the 
Colony and State of Connecticut, from the first settlement in 
1635, until 1836 inclusive, with the time of holding their 
several offices. The immense quantity of interesting mat- 
ter, that has been lying for ages upon the shelves of this of- 
fice, and annually accumulating, would, if the most interest- 
ing parts should be selected and published, compose a Libra- 
ry that would do honor to the State, and place so valuable 
public documents beyond the reach of fire and accident, 
while the present and future generations would become la- 
miliar with the early history of their Ancestors, and the Puri- 
tan Fathers. Indeed a history of the Revolutionary war, 
might be gathered from the files and records of this Office, 
so far as Connecticut was engaged in that bloody struggle 
for liberty : with which too few of the present age are famil- 
iar, evidenced upon facts from the records of the State, which 
would carry verity upon its face on every page. Several 
Acts and Resolutions of the Legislature of the Colony, with 
notes by the compiler will be found in this work, to show the 
object of the letters to which they related, to be the better 
understood by the reader. 

The labor of collecting the materials and compilation of 
this work, and copying the numerous documents it contains, 
has taken much time, and the expense has been considerable. 
But should it meet a favorable reception and afford instruc- 
tion to the reader, or amuse him in his leisure hours, it will 
bean ample compensatian to the compiler. 

Hartford, September 15th, 1836. 



Explanation of Abbreviated Words. 

Ye. The. 
Yt. That. 
Wt. What. 
Matie. Majesty. 
Acor. According. 
Wth. With. 
Wch. Which. 
Yn. Than. 
Or. Our. 
Yr. or yor. Your. 
Vs. Us. 



GOVERNORS of the Colony and State of Con- 
necticut from the first Organization of the 
Government of the Colony in 1639, to 1836, in- 
clusive, 

John Haynes 1639, 1641, 3, 5, 7,* 9, 1651, & 3. 

Edward Hopkins 1640, 4, 6, 8, 1650, 2, 4. 

George Wyllys 1642. 

Thomas Welles 1655, 8. 

John Webster 1656. 

John Winthrop 1657, 9, and 1660, to 1675, in- 
clusive. 

William Leet 1676, to 1682, do. 

Robert Treat 1683, to 1687, do. 

On the 31st day of Oct. 1687, Sir Edmund 
Andross assumed the Government, and retained 
it till the 9th day of May 1689, when Gov. Treat 

* Previous to this time, (1647,) the Governors had no sal- 
ary by law allowed them, but served the people for the pub- 
lic good. But at this time, the General Court taking the af- 
fair into consideration, granted the Governour 30 pounds an- 
nually. A like grant was also made to the Deputy Govern- 
or for his services the preceding year. These were the first 
salaries granted to any Civil Officers in the service of the 
Colony. 

The following is a copy of the Act — 

March 9th, 1647. 

"Whereas by reason of many waighty occations, expen- 
ces and chardges, are yearly expended by the Governour, it 
is therefore ordered, that there shall be yearly allowed to that 
place, £30, and J&30, to the Deputy Governour for the year 
past." 



10 Lieutenant Governors, 

with the former officers, at the urgent request of 
the people resumed the Government of the Colony. 

Robert Treat 1689 to 1697, inclusive. 

Fitz JohnWinthrop 1698 to 1707, do. 

Gurdon Saltonstall 1708 to 1724, do. 

Joseph Talcott 1725 to 1741, do. 

Jonathan Law 1742 to 1750, do. 

Roger Wolcott 1751 to 1753, do. 

Thomas Fitch 1754 to 1765, do. 

William Pitkin 1766 to 1769, do. 

Jonathan Trumbull 1770 to 1783, do. 

Matthew Griswold 1784 and 5. 

Samuel Huntington 1786 to 1795, do; 

Oliver Wolcott 1796 and 7. 

Jonathan Trumbull 1798 to 1809, do. 

John Treadwell 1810. 

Roger Griswold 1811 and 12.* 

John Cotton Smith 1813 to 1816, do. 

Oliver Wolcott 1817 to 1826, do. 

Gideon Tomlinson 1827 to 1830, do. 

John S. Peters 1831 and 2. 

Henry W. Edwards 1833. 

Samuel A. Foot 1834. 

Henry W. Edwards 1835 and 6. 



Lieutenant Governors of the Colony and State of 
Connecticut from 1639, to 1836 inclusive. 

Roger Ludlow 1639, 1642, 1648. 
John Haynes 1640, 4, 6, 1650, 2. 
George Wyllys 1641. 



* Died October 25, 1812. 



Lieutenant Governors, 1 1 

Edward Hopkins 1643, 5, 7, 9, 1651, 3. 
Thomas Welles 1654, 6, 7, 9. 
John "Webster 1655. 
John Winthrop 1658. 
John Mason 1660 to 1668, inclusive. 
William Leet 1669 to 1675, do. 
Robert Treat 1676 to 1682, do. 
James Bishop 1683 to 1687,* and from 1689 to 
1691, inclusive. 
William Jones 1692 to 1697, do. 
Robert Treat 1698 to 1707, do. 
Nathan Gold 1708 to 1723, do. 
Joseph Talcott 1724. 
Jonathan Law 1725 to 1741, do. 
Roger W T olcott 1742 to 1750, do. 
Thomas Fitch 1751 to 1753, do. 
William Pitkin 1754 to 1765, do. 
Jonathan Trumbull 1766 to 1769, do. 
Matthew Griswold 1770 to 1783, do. 
Samuel Huntington 1784 and 5. 
Oliver Wolcott 1786 to 1795, do. 
Jonathan Trumbull 1796 and 7. 
John Tread well 1798 to 1809, do. 
Roger Griswold 1810. 
John C. Smith 1811 and 12. 
Chauncey Goodrich 1813 to 1815, do. 
Jonathan Ingersoll 1816 to 1822, do. 
David Plant 1823 to 1826, do. 
John S. Peters 1827 to 1830, do. 
1831 no choice. 
Thaddeus Betts 1832. 
Ebenezer Stoddard 1833. 
Thaddeus Betts 1834. 
Ebenezer Stoddard 1835 and 6. 



* The interruption in the Government in 1687, 8 and 9, 
through the interference of Sir Edmund Andross is mention- 
ed in the list of Governors. 



12 Secretaries and Treasurers, 



Secretaries of State of the Colony and State of 
Connecticut, from 1639 to 1836 inclusive, 

Edward Hopkins 1639. 
Thomas Wells 1640 to 1647, inclusive. 
John Cullick 1648 to 1657, do. 
Daniel Clark 1658 to 1663, do. 
John Allyn 1664. 
Daniel Clark 1665 and 6. 
John Allyn 1667 to 1695, do. 
Eleazer Kimberly 1696 to 1708, do. 
Caleb Stanly 1709 to 1711, do. 
Hezekiah Wyllys 1712 to 1734,* do. 
George Wyllys 1735 to 1795, do. 
Samuel Wyllys 1796 to 1809,f 
Thomas Day 1810 to 1834, do. 
Royal R. Hinman 1835 and 6. 



Treasurers of the Colony and State of Connects 
cut, from 1637 to 1836 inclusive, 

Clement Chaplin, Thomas Welles, Joseph Whi- 
ting, John Talcott, William Pitkin, John Whiting, 
Nathaniel Stanly, Joseph Talcott, John Law- 
rence, Jedediah Huntington, Peter Colt, Andrew 
Kingsbury, Isaac Spencer, Jeremiah Brown. 

* In consequence of the advanced age and indisposition of 
Hezekiah Wyllys, George Wyllys officiated and signed his 
official acts as Secretary during the Sessions of the Legisla- 
ture, in October 1730, Oct. 1732, Oct. 1733, and May and 
Oct. 1734. 

f The office of Secretary remained in the Wyllys family 
98 years. 



THE PATENT OF CONNECTICUT, 

FROM ROBERT, EARL OF WARWICK. 

To all people unto whom this present writing 
shall come, Robert, Earl of Warwick, sendeth 
Greeting in our Lord God everlasting — Know yee, 
that the said Robert, Earl of Warwick, for divers 
good causes and considerations, him thereunto mov- 
ing, hath given, granted, bargained, sold, Enfeoffed, 
aliened and confirmed, and by these presents doth 
give, grant, bargain, sell, Enfeoff, alien and confirm 
unto the Right Honourable Robert Lord Brooke, 
the Right Honourable Lord Rich, and the Hon- 
ourable Charles Fines Esqr., Sir Nathaniel Rich 
Knight, Sir Richard Salstonstall Knight, Richard 
Knightly Esqr., John Pym Esqr., John Hamden 
Esqr., John Humphry Esqr., and Herbert Pellam 
Esqr., their Heirs and assignes and their associ- 
ates forever: all that part of New England in 
America, which lyes and extends itself, from a 
River there called Narragansett River, the space 
of Forty Leagues upon a streight line, near the 
sea shore, towards the southwest, west and by 
south, or west, as the coast lyeth towards Virginia, 
accounting three English miles to the League, and 
also all and singular the lands, hereditaments what- 
soever, lying and being within the lands aforesaid, 
north and south in Lattitude and breadth, and in 
length and Longitude of, and within all the breadth 
aforesaid, throughout the main lands there, from 
the western oacean to the south sea, and all lands 
and grounds, place and places, soyle, wood and 
woods, grounds, havens-, ports, creeks, and rivers, 
2 



14 Patent of Connecticut. 

waters, fishings and hereditaments whatsoever, ly- 
ing within the said space, and every part and par- 
cell thereof, and also all islands lying in America 
aforesaid, in the said seas or either of them, on the 
western or eastern coasts or parts of the said 
tracts of land by these presents mentioned, to be 
given, granted, bargained, sold, Enfeoffed, aliened 
and confirmed, and also all mines, mineralls, as 
well royall mines of gold and silver, as other mines 
and mineralls whatsoever, in the said lands and 
premises, or any part thereof; and also the seve- 
rall rivers within the said limits, by what name or 
names soever called or known, and all jurisdic- 
tions rights and royalties, liberties, freedoms, im- 
munities, powers, privileges, franchises, prehem- 
inences, and comodoties whatsoever, which the 
said Robert, Earle of Warwick now hath or had, 
or might use, exercise or enjoy in, or within any 
part or parcell thereof, excepting and reserving to 
his Majestie, his heirs and successors the fift part 
of all gold and silver oare, that shall be found 
within the said premises, or any part or parcell 
thereof, to have and to hold, the said part of New 
England in America, which lyes and extends and 
is abutted as aforesaid ; and the said severall riv- 
ers and every part and parcell thereof, and all the 
said islands, rivers, ports, havens, waters, fishings, 
mines, mineralls, jurisdictions, powers, franchises, 
royalties, liberties, privileges, comodities, heredita- 
ments and promises whatsoever, with the appurte- 
nances, unto the said William Viscount Say and 
Seal, Robert Lord Brooke, Robert Lord Rich, 
Charles Fines, Sir Nathaniel Rich, Sir Richard 
Salstonstall, Richard Knightly, John Pym, John 
Hamden, John Humphry and Herbert Pellam, 
their heirs and assigns, and their associates forev- 
ermore. In witness whereof the said Robert, 



Marquis of Hamilton's Deed. 15 

Earle of Warwick, hath hereunto sett his hand 
and seal, the nineteenth day of March, in the sev- 
enth year of the Reigne of our Sovreigne Lord, 
Charles by the grace of God, King of England, 
Scotland, France and Ireland, defender of the 
faith &c. Anno. Dom. 1631. 

ROBERT WARWICK, seal 



Signed, sealed and delivered in the presence of 
Walter Williams, Thomas Howson. 

Note. — President Clap describes the extent of the tract 
conveyed by the above Patent, in the words following : All 
that part of New England which lies west of Narragansett 
River, one hundred and twenty miles on the sea coast ; and 
from thence, in the Latitude and breadth aforesaid to the 
south sea. This grant extends from Point Judith to New 
York ; and from thence in a west line to the south sea : and 
if we include Narragansett River in its whole length, this 
tract will extend as far north as Worcester, in Massachu- 
setts. 



A Copy of the Indenture or Deed from the Coun- 
cil of Plymouth, to James, Marquis of Hamil- 
ton, for sixty miles square in New England. 

This Indenture, made the two and twentieth 
day of April, in the eleventh year of the Reigne 
of our Sovreigne Lord Charles by the grace of 
God, King of England, Scotland, France and Ire- 
land, defender of the faith, &c, between the Coun- 
cill established at Plymouth, in the County of De- 
von, for the planting, ordering, ruleing and gov- 
erning of New England in America, of the one 



16 Marquis of Hamilton's Deed. 

part, and the Right Houn'oble James, Marquess 
Hamilton of the other part witnesseth, that where- 
as our late Sovreigne Lord King James of bless- 
ed memory, by his Highness Letters Pattents, un- 
der the great seal of England, bearing date at 
Westminster the third day of November, in the 
eighteenth year of His Highness Reigne over the 
Realm of England, for the considerations in the 
same Letters Pattents expressed, hath absolutely 
given, graunted and confirmed, unto the said Coun- 
cill and their successors forever, all the lands of 
New England in America, lying and being in 
breadth from forty degrees of northern Lattitude 
from the Equinoctial Line, to forty-eight degrees 
of the said northerly Lattitude, inclusively, and 
in length of and within all the breadth aforesaid 
throughout the main land from sea to sea, togeth- 
er also with all the firm lands, soyles, grounds, ha- 
vens, ports, rivers, waters, fishings, mines and min- 
eralls, as well royall mines of gold and silver, as 
other mines and mineralls, precious stones, quar- 
ries and all and singular other comodoties, juris- 
dictions, royalties, priviledges, franchises and pre- 
heminences, both within the said tract of land up- 
on the main, and also upon the islands and seas 
adjoyning, as by the said Letters Pattents amongst 
divers other things therein contained, more at 
large it doth and may appear. Now this Inden- 
ture further witnesseth, that the said Councill in 
performance of an agreement made by and be- 
tween themselves, and enacted the third day of 
February last past before the date of this present, 
for a competent sum of money, and also for other 
good causes and considerations them the said 
Councill hereunto especially moveing, have given, 
graunted, bargained, sold, Enfeofed and confirm- 
ed ; and by these presents do give, graunt, bar- 



Marquis of Ha?nilton i s Deed. 17 

gaine, sell, Enfeof and confirme unto the said 
James, Marquess Hamilton, his heirs and assigns, 
all that part, purparte and portion of main lands 
of New England aforesaid, scituate, lying and be- 
ginning at the middle part of the mouthe or en- 
trance of the River of Connecticutt in New Eng- 
land, and from thence to proceed along the sea 
coast, to the Narohigansets River or harbour, there 
to be accounted about sixty miles, and so up the 
westerne arme of that river to the head thereof, 
and into the land northwestward till sixty miles 
be finished, and so to cross over land southwest- 
wards to meet with the end of sixty miles to be 
accounted from the mouthe of Connecticutt up 
northwest, and also all islands and isletts as well 
imployed as within five leagues distance from the 
premises, and abutting upon the same or any part 
or parcell thereof, not otherwise granted to any 
by speciall name, all which part and portion of 
lands and premises shal from henceforth be called 
by the name of the county of New Cambridge, 
and also the said Councill for the consideration 
afores'd, have given, granted, bargained, sold, En- 
feoffed and confirmed, and by these presents doe 
give, grant, bargain, sell. Enfeoff and confirm un- 
to the said James, Marquess Hamilton, his heirs 
and assignes, all that other parcell or portion of 
lands, woods and wood grounds lying on the east 
side of the River of Sagadahock in the easterly 
part of New England aforesaid, containing and to 
contain there ten thousand acres, and to be hadd 
and taken together as conveniently as the same 
may be towards the head of the s'd river, and 
next unto the land of Edward Lord Georges there, 
which from henceforth is to be called by the name 
of and moreover the said Councill 

for the consideration aforesaid, have given, grant- 
2* 



18 Marquis of Hamilton's Deed. 

ed, bargained, sold, Enfeoffed and confirmed, and 
by these presents do give, grant, bargain, sell, En- 
feoff and confirm unto the said James, Marquess 
Hamilton, his heirs and assignes, together with 
the said bargained premises, all the firm lands, 
soyles, grounds, havens, ports, rivers, waters, fish- 
ings, mines and mineralls, as well royall mines of 
gold and silver as other mines and mineralls, pre- 
cious stones, quarries, and all and singular other 
commodities, jurisdictions, royalties, priviledges, 
franchises and preheminencies, both within the 
said tracts of lands upon the main, and also with- 
in the islands and seas adjoining, saveing, except- 
ing and reserving out of this present graunt, only 
the fifth part of the oare of gold and silver due to 
His Majestie, his heirs and successors, and in and 
by the said Letters Pattents reserved — to have 
and to hold all those the said severall parcells of 
land, and all other the said bargained premises, 
with their and every of their appurtenances (ex- 
cept before excepted,) unto the said James, Mar- 
quess Hamilton, his heirs and assignes, to the only 
propper use and behoofe of him the said James, 
Marquess Hamilton, his heirs and assignes forev- 
er; and to be enjoyed as fully, freely and in as 
large, ample and beneficiall manner and forme, to 
all intents and purposes whatsoever, as they the 
said Councill and their successors by vertue of the 
said recited Letters Pattents may, might or ought 
to have, hold and enjoy the same, or any part or 
parcell thereof. In witness whereof to the one 
part of this present indenture, remaining in the 
hands of the said James, Marquess Hamilton, they 
the said Councill have fixed their common seal, 
and to the other part of this present indenture, re- 
maining in the hands of the said Councill, the said 
Marquess hath sett his hand and seale. Dated 



Marquis of Hamilton's Deed. 19 

the day and year first above written, Annoque 
Domini 1635. 

This is a true and authentick copee of the prin- 
cipal! indenture above written, under the seal 
above specified, duely compared and collationed 
by uss Notaries Publick underscribing, in the pres- 
ence of the witnesses afternamed, as doth witness 
our signe and subscription mannal at Hamilton, 
the 12th May, 1664. 

R. HAMILTON, Notarius Publicus, 
JA. CARNES, Notarius Publicus. 

J. Hamilton, Witness, 

Jo. Carbarus, Witness, 

Will Hamilton, Witness, 

J. Motherspoon, Witness. 

Note. — From the first settlement of Connecticut by the 
English in 1635, it does not appear from the records and files 
in the Secretary's office, that any official correspondence or 
communications passed between the settlers and the English 
Government till 1661, but the infant Colony was left to its 
own slender resources to struggle with innumerable difficul- 
ties and hardships, incident to the commencement of all 
new settlements : — This want of attention on the part of the 
British Government to the new Colony, may be ascribed to 
the civil dissensions and popular tumults which soon after 
commenced in England, which resulted in a long and bloody 
civil war, and eventually in the dethronement and execution 
of King Charles the First in 1649, which was soon followed 
by the dissolution of the monarchy, and the elevation of 
Cromwell to the Protectorship of England, Scotland, Ire- 
land &c. in 1653. On the death of Cromwell in 1657, he 
was succeeded by his son Richard, who proved a weak and 
inefficient man, and resigned the Protectorship in 1659 ; 
upon which the monarchy was soon restored, and Charles the 
Second ascended the throne in 1660 ; the Government of 
England soon became settled and permanent ; and a corres - 
pondence between them and the Colony commenced, which 
will be given in Chronological order. 



20 The old Constitution. 



A COMPACT or CONSTITUTION of Gov- 
ernment, entered into and adopted by the Colony 
of Connecticut, January 14th, 1638.* 

For as much as it has pleased the Almighty God 
by the wise disposition of his Divine Providence 
so to order and dispose of Kings, that we the In- 
habitants of Windsor, Hartford, and Weathers- 
field,! now cohabiting and dwelling in and upon 
the River of Connecticutt and the Lands thereunto 
adjoining, and well knowing when a people gath- 
ered together, the word of God requires that to 
maintain the peace and union of such a people, 
there should be an orderly and decent Government 
established according to God, to order and dispose 
of the affairs of the people at all seasons as occa- 
sion shall require ; do therefore associate and con- 
joine ourselves to be as one publick Estate or 
Commonwealth, and do for ourselves and success- 
ors and such as shall be adjoining to us at any 
time hereafter, enter into combination and confed- 
eration together to maintain and preserve the Lib- 
erty and purity of the Gospel of our Lord Jesus 
Christ, which w r e now profess ; as also the Disci- 
pline of the Church of Christ, according to the 
truth of said Gospel as now preached amongst us, 
as also in civil affaires to be guided and governed 
according to such Laws, Rules, Orders and De- 

* This date of 1638, is owing to the manner of dating at 
that time. The first settlers of the Colony commenced the 
year on the 25th of March, and this was evidently in 1639, 
for as appears by the Record, the December preceding was 
1638, and the April following 1639. 

f The three towns, Windsor, Hartford and Wethersfield, 
composed at that time the Colony of Connecticut. 



The old Constitution. 21 

crees as shall be made Ordered and Decreed as 
followeth : — 

I. It is ordered, sentenced and decreed, that 
there shall be yearly two Assemblys or Courts, 
the one the second Thursday of April, the other 
the second Thursday of September following, the 
first shall be called the Court of Election, wherein 
shall be yearly chosen from time to time so many 
Magistrates and other publick officers as shall be 
found requisite. Whereof one to be chosen Gov- 
ernour for the year ensuing and untill another be 
chosen, and no other Magistrate to be chosen for 
more than one year, provided always there be six 
chosen beside the Governer, which being chosen 
and sworn according to an oath, recorded for that 
purpose, shall have power to administer justice 
according to the rule there established, and for 
want thereof according to the rule of the word of 
God, which choice shall be made by all that are 
admitted freemen and have taken the oath of fidel- 
ity and do cohabit within this jurisdiction, having 
been admitted inhabitants by the major part of the 
Town wherein they live, or the major part of such 
as shall be there present. 

II. It is ordered, sentenced and decreed, that 
the Election of the aforesaid Magistrates shall be 
in this manner: every person present and qualified 
for chusing, shall bring in to the persons (deputed 
to receive them) one single paper with the name 
of him written on it whom he desires to have 
Governour, and he that hath the greatest number 
of papers shall be Governour for that year. And 
the rest of the Magistrates or publick officers to 
be chosen in this manner, the Secretary for the 
time being shall first read the names of all that 
are to be put to choice and then shall severally 
nominate them distinctly, and every one that 



22 The old Constitution. 

would have the person nominated to be chosen, 
shall bring in one single paper written upon, and 
he that would not have him chcsen shall bring in 
a blank, and every one that hath more written pa- 
pers than blanks, shall be a Magistrate for that 
year, which papers shall be received and told by 
one or more that shall be then chosen by the 
Court and sworn to be faithfull therein. But in 
case there should be five chosen as aforesaid, be- 
side the Governour, out of those which are nom- 
inated, then he or they which have the most writ- 
ten papers shall be a Magistrate or Magistrates for 
the ensuing year to make up the aforesaid number. 

III. It is ordered, sentenced and decreed, that 
the Secretary shall not nominate any person, nor 
shall any person be chosen newly into the Magis- 
tracy, which was not propounded in some general 
Court before to be nominated the next Election, 
and to that end it shall be lawfull for each of the 
towns aforesaid by their deputies, to nominate any 
two who they conceive fitter to be put to Elec- 
tion, and the Court may add so many more as they 
judge requisite. 

IV. It is ordered, sentenced and decreed, that 
no person to be chosen Governour above once in 
two years, and that the Governour be always a 
member of some appointed congregation, and for- 
merly of the Magistracy within this jurisdiction, 
and all the Magistrates freemen of this Common- 
wealth, and that no Magistrate or other publick 
officer shall execute any part of his or their office 
before they are severally sworn, which shall be done 
in the face of the Court if they be present, and in 
case of absence, by some deputed for that pur- 
pose. 

V. It is ordered, sentenced and decreed, that 
to the aforesaid Court of Election, the several 



The old Constitution. 23 

Towns shall send their deputies, and when the 
Elections are ended, they may proceed in any 
publick service as at other Courts, unless the oth- 
er General Court in September, shall be for ma- 
king of laws and any other public occasion, which 
concerns the good of the Commonwealth. 

VI. It is ordered, sentenced and decreed, that 
the Governour shall either by himself or Secreta- 
ry, send out sumons to the Constables of each 
town for the calling of these two standing Courts, 
one month at least, before their several times, and 
also if the Governour and the greatest part of the 
Magistrates see cause upon any special occasion 
to call a General Court, they may give order to 
the Secretary so to do within fourteen days warn- 
ing, and if urgent necessity so require, upon a 
shorter notice, giving sufficient grounds for it to 
the deputies when they meet, or else be question- 
ed for the same, and if the Governour and the 
major part of Magistrates shall either neglect or 
refuse to call the two General standing Courts or 
either of them, as also at other times when the 
occasions of the Commonwealth require, the free- 
men thereof, or the major part of them shall peti- 
tion to them so to do, then if it be either denied or 
neglected, the said freemen or the major part of 
them, shall have power to give orders to the Con- 
stables of the several towns to do the same, and 
so may meet together and chuse to themselves a 
Moderator, and may proceed to do any act of 
power which any other General Court may. 

VII. It is ordered, sentenced and decreed, 

| that after there are warrants given out for any of 
[the said General Courts, the Constable or Con- 
stables of each town shall forthwith give notice 
distinctly to the inhabitants of the same, in some 
Public Assembly, or by going or sending from 



24 The old Constitution. 

house to house, that at a place and time, by him 
or them limited and set, they meet and assemble 
themselves together to elect and chuse certain 
deputies to be at the General Court then follow- 
ing, to agitate the affairs of the Comonwealth, 
which said deputies shall be chosen by all that are 
admitted inhabitants in the several towns, and 
have taken the oath of fidelity, provided that none 
be chosen a deputy for any General Court which 
is not a freeman of this Comonwealth. There- 
fore said deputies shall be chosen in manner fol- 
lowing: every person that is present and qualified 
as before expressed, shall bring the names of such, 
written in several papers as they desire to have 
chosen for that employment, and those three or 
four, more or less being the number of the papers 
written for them shall be deputies for that Court, 
whose names shall be endorsed on the backside of 
the warrant, and returned into the Court with the 
Constable or Constables hand unto the same. 

VIII. It is ordered, sentenced and decreed, 
that Windsor, Hartford and Weathersfield, shall 
have power, each town to send four of their free- 
men as their deputies to every General Court, and 
whatsoever other towns shall be hereafter added 
to the jurisdiction, they shall send so many depu- 
ties as the Court shall think meet, a reasonable 
proportion to the number of freemen that are in 
the said towns, being to be attended therein, which 
deputies shall have the power of the whole town 
to give their votes and allowance to all such laws 
and orders as may be for the publick good, and 
unto which the said towns are to be bound. 

IX. It is ordered, sentenced and decreed, that 
the deputies thus chosen, shall have power and 
liberty to appoint a time and a place of meeting 
together before any General Court, to advise and 






The old Constitution, 25 

consult of all such things as may concern the good 
of the publick, as also to examine their own Elec- 
tions whether according to the order, and if they 
or the greatest part of them find any Election to 
be illegal, they may seclude such person present 
from their meeting, and return the same and their 
reasons to the Court, and if it prove true the Court 
may fine the party or parties so intruding, and al- 
so the Town if they see cause, and give out a 
warrant to go to a new Election in a legal way, 
either in part or in whole ; also the said deputies 
shall have power to fine any that shall be disor- 
derly at their meetings, or for not coming in due 
time or place according to appointment, and they 
may return the said fines into the Court, if it be 
refused to be paid, and the Treasurer to take no- 
tice of it and collect or levy the same as he doth 
other fines. 

X. It is ordered, sentenced and decreed, that 
every General Court, except such as thro neglect 
of the Governor and the greatest part of Magis- 
trates, the Freemen themselves do call, shall con- 
sist of the Governor or some one chosen to mod- 
erate the Court, and four other Magistrates at 
least, with the major part of the deputies of the 
several towns legally chosen. And in case the 
freemen, or the major part of them, through neg- 
lect or refusal of the Governor, and major part of 
the Magistrates shall call a Court, it shall consist 
of the major part of freemen that are present, or 
their deputies, with a moderator chosen by them, 
in which said General Court shall consist the su- 
preme power of the Commonwealth, and they 
only shall have power to make Laws or repeal 
them, to grant levies, to admit freemen, dispose of 
lands undisposed of to several towns or persons, 
and also shall have power to call either Court or 

3 



26 The old Constitution. 

Magistrate or any other person whatsoever into 
question for any misdemeanor, and may for just 
causes displace or deal otherwise, according to 
the nature of the offence ; and also may deal in 
other matter that concerns the good of this Com- 
monwealth, except Election of Magistrates, which 
shall be done by the whole body of freemen ; in 
which Court the Governor or Moderator shall 
have power to order the Court to give liberty of 
speech, and to silence unreasonable and disorder- 
ly speakings, to put all things to vote, and in case 
the vote be equal, to give the casting voice. But 
none of these Courts shall be adjourned or dissol- 
ved without the consent of the major part of the 
Court. 

XL It is ordered, sentenced and decreed, that 
when any General Court upon the occasions of the 
Commonwealth, have agreed upon any sum or 
sums of money to be levied upon the several 
towns within this jurisdiction, that a. committee be 
chosen to sett out and appoint what shall be the 
proportion of every town to pay of the said levy, 
provided the committee be made up of an equal 
number out of each town. 

14th January 1638, the 11 orders abovesaid are 
voted. 

The oath of the Governor for the present year. 

I, A. B. being now chosen to be Governor 
within this Jurisdiction, for the year ensuing and 
untill a new be chosen, do swear by the great 
and dreadfull name of the everliving God, to pro- 
mote the public good and peace of the same ac- 
cording to the best of my skill, and also will main- 
tain all lawfull priviledges of this Commonwealth, 
as also that all wholsome Laws that are or shall 



The old Constitution. 27 

be made by lawfull authority here established be 
duly executed, and will further the execution of 
justice according to the rule of Gods word, so 
help me God in the name of the Lord Jesus 
Christ. 

The oath of a Magistrate for the present year* 

I, N. W. being chosen a Magistrate within this 
Jurisdiction for the year ensuing, do swear by the 
great and dreadfull name of the ever living God, 
to promote the publick good and peace of the 
same according to the best of my skill, and that I 
will maintain all the lawfull priviledges thereof, 
according to my understanding, and also assist in 
the execution of all such wholsome Laws as are 
made or shall be made by lawfull authority there 
established, and will further the execution of jus- 
tice for the time aforesaid according to the righte- 
ous rule of God's word, so help me God. 

The oath of a Constable, 

I, A. B. of W. do swear by the great and dread- 
full name of the everliving God, that for the year 
ensuing and untill a new be chosen I will faithfully 
execute the office and place of a ConstaV for 
. and within the said plantation of W, and the lim- 
its thereof, and that I will endeavor to preserve 
the publick peace of the said place and Comon- 
wealth, and will do my best endeavour to see all 
watches and wards executed, and to obey and ex- 
ecute all lawfull commands or warrants that come 
to me from any Magistrate or Magistrates or 
Court, so help me God in the Lord Jesus Christ. 



28 Articles of Confederation. 

In accordance with the foregoing articles, the 
people assembled at Hartford on the second Thurs- 
day of April 1639, and elected the following offi- 
cers for the year ensuing, viz : 

John Haynes, Governor — Roger Ludlow, Dep- 
uty Governor. 

George Wyllys, Edward Hopkins, Thos. Wells, 
John Webster, William Phelps, Magistrates or 
Assistants. 

The Representatives of the General Court were 
John Steele, Mr. Spencer, John Pratt, Edward 
Stebbins, Mr. Gaylord, Henry Wolcott, Mr. 
Stoughton, Mr. Ford, Thurston Rayner, George 
Hubbard, Richard Crabb.* 



ARTICLES of CONFEDERATION betwixt 
the Plantations under the Government of the 
Massachusetts, the Plantations under the Gov- 
ernment of Plymouth, the Plantations under the 
Government of Connecticut, and the Govern- 
ment of New Haven, with the Plantations in 
combination therewith. 

Whereas we all come into these parts of 
America, with one and the same end and ayme, 
namely, to advance the Kingdome of our Lord 
Jesus Christ, and to enjoy the liberties of the Gos- 
pel, in purety with peace ; and whereas in our 
settling by a wise Providence of God we are fur- 
ther dispersed upon the sea coasts and Rivers, then 



* This was the first Election by the People in Connecticut. 



Articles of Confederation. 29 

was first intended, so that we cannot (according 
to our desire) with convenience communicate in 
one Government, and Jurisdiction; and whereas 
we live encompassed with people of severall na- 
tions, and strange languages, which may hereafter 
prove injurious to us, and our posterity : and for 
as much as the natives have formerly committed 
sundry insolencies and outrages upon several plan- 
tations of the English, and have of late combined 
themselves against us ; and seeing by reason of 
the sad distractions in England, which they have 
heard of; and by which they know we are hin- 
dered, both from that humble way of seeking ad- 
vice, and reaping those comfortable fruits of pro- 
tection which, at other times, we might well ex- 
pect ; we therefore doe conceive it our bounden 
duty, without delay, to enter into a present con- 
sotiation amongst ourselves, for mutuall help and 
strength in all our future concernments, that as in 
nation, and religion, so in other respects, we be, 
and continue, one, occording to the tenour and 
true meaning of the ensuing articles. 

1. Wherefore it is fully agreed and concluded 
by and between the parties, or jurisdictions above 
named, and they doe joyntly and severally by these 
presents agree and conclude, that they all be, and 
henceforth be called by the name of the United 
Colonies of New England. 

2. The said United Colonies for themselves, 
and their posterities, doe severally and joyntly 
and severally hereby enter into a firm and perpet- 
uall league of friendship and amity, for offence and 
defence, mutuall advice and succour, upon all just 
occasions, both for preserving and propagating 
the truth, and liberties of the Gospel, and for their 
own mutuall safety and wellfare. 

3. It is further agreed, that the plantations 

3* 



30 Articles of Confederation. 

which at present are, or hereafter shall be settled 
within the limits of the Massachusetts, shall be 
forever under the government of the Massachu- 
setts ; and shall have peculiar jurisdiction amongst 
themselves, as an entire body; and that Plymouth, 
Connecticut, and New Haven, shall each of them, 
in all respects, have the like peculiar jurisdiction 
and government, within their limits. And in re- 
ference to the plantations which already are set- 
tled, or shall hereafter be erected and shall settle 
within any of their limits respectively, provided 
that no other jurisdiction shall hereafter be taken 
in, as a distinct head, or member of this confede- 
ration, nor shall any other, either plantation or ju- 
risdiction in present being, and not already in com- 
bination, or under the jurisdiction of any of these 
confederates, be received by any of them, nor 
shall any two of these confederates, joyne in one 
jurisdiction, without consent of the rest, which 
consent to be interpreted, as in the sixt ensuing 
articles is expressed. 

4. It is also by these confederates agreed, that 
the charge of all just wars, whether offensive or 
defensive, upon what part or member of this con- 
federation soever they fall, shall both in men, pro- 
visions, and all other disbursements, be borne by 
all the parts of this confederation, in different pro- 
portions, according to their different abilities, in 
manner following, namely : that the commission- 
ers for each jurisdiction, from time to time, as 
there shall be occasion, bring a true account and 
number of all the males in each plantation, or any 
way belonging to, or under their severall jurisdic- 
tions, of what quality, or condition soever they be, 
from sixteen years old, to three score, being in- 
habitants there ; and that according to the differ- 
ent numbers, which from time to time be found in 



Articles of Confederation. 31 

each jurisdiction, upon a true, and just account, 
the service of men, and all charges of the war, be 
born by the poll: each jurisdiction or plantation, 
being left to their own just course and custome, of 
rating themselves and people, according to their 
different estates, with due respect to their quali- 
ties and exemptions among themselves, though 
the confederation take no notice of any such priv- 
iledge. And that according to the different charge 
of each jurisdiction, and plantation, the whole ad- 
vantage of the war (if it please God to so bless 
their endeavours) whether it be in lands, goods, 
or persons, shall be proportionably divided among 
the said confederates. 

5. It is further agreed, that if any of these ju- 
risdictions, or any plantation, under or in combi- 
nation with them, be invaded by any enemy 
whomsoever, upon notice, and request of any 
three Magistrates of that jurisdiction so invaded : 
the rest of the confederates, without further no- 
tice or expostulation, shall forthwith send ayde to 
the confederate in danger, but in different propor- 
tion ; namely, the Massachusetts, one hundred men 
sufficiently armed and provided for such a service 
and journey ; and each of the rest, five and forty men, 
so armed and provided, or any lesse number, if 
lesse be required, according to this proportion. — 
But if such a confederate may be supplied by 
their next confederate, not exceeding the number 
hereby agreed, they may crave help there, and 
seek no further for the present. The charge to 
be born, as in the articles is expressed ; and at 
their return to be victualled and supplied with pow- 
der and shot (if there be need) for their journey, 
by that jurisdiction, which employed or sent for 
them. But none of the jurisdictions to exceed 
these numbers, till by a meeting of the commis- 



32 Articles of Confederation. 

sioners for this confederation, a greater ayde ap- 
pear necessary. And this proportion to continue, 
till upon knowledge of the numbers in each juris- 
diction, which shall be brought to the next meet- 
ing, some other proportion be ordered. But in 
any such case of sending men for present ayde, 
whether before or after such order or alteration, it 
is agreed, that at the meeting of the commission- 
ers, for this confederation, the cause of such war 
or invasion, be duly considered, and if it appear, 
that the fault lay in the party so invaded, that then, 
that jurisdiction or plantation, make just satisfac- 
tion, both to the invaders, whom they have injur- 
ed, and bear all the charges of the wa- themselves, 
without requiring any allowance from the rest of 
the confederates toward the same. 

And further, if any jurisdiction see any danger 
of an invasion approaching, and there be time for 
a meeting, that in such case, three Magistrates of 
that jurisdiction may summon a meeting, at such 
convenient place, as themselves shall think meet, 
to consider, and provide against the threatened 
danger. Provided, when they are met, they may 
remove to. what place they please, onely while any 
of these four confederates, have but three Magis- 
trates in their jurisdiction, a request or summons, 
from any two of them, shall be accounted of equal 
force, with the three mentioned in both the clau- 
ses of this article, till there be an increase of Ma- 
gistrates there. 

0. It is also agreed, that for the managing and 
concluding of all affaires proper to, and concern- 
ing the whole confederation, two commissioners 
shall be chosen by, and out of the foure jurisdictions, 
namely : two for the Massachusetts, two for Plym- 
outh, two for Connecticut, and two for New Ha- 
ven, being all in church fellowship with us, which 



Articles of Confederation. 33 

shall bring full power from their severall generall 
Courts respectively, to hear, examine, weigh and 
determine all affaires of war, or peace, leagues, 
aydes, charges and numbers of men for war, di- 
vision of spoyles, or whatsoever is gotten by con- 
quest, receiving of more confederates, or planta- 
tions into combination with any of these confede- 
rates, and all things of like nature, which are the 
proper concomitants, or consequenses of such a 
confederation, for amity, offence, and defence, not 
intermedling with the government of any of the 
jurisdictions, which by the third article, is preser- 
ved entirely to themselves. But if these eight 
commissioners, when they meet, shall not all agree, 
yet it is concluded that any six of the eight agree- 
ing, shall have power to settle, and determine the 
businesse in question. But if six doe agree, that 
then such propositions, with their reasons, so far 
as they have been debated, be sent, and refered to 
the foure generall Courts, viz : the Massachusetts, 
Plymouth, Connecticut, and New Haven. And if 
at all the said generall Courts business so referred, 
be concluded, then to be prosecuted by the con- 
federates, and all their members. It is further 
agreed, that these eight commissioners shall meet 
once every year, besides extraordinary meetings, 
according to the fifth article, to consider, treat, 
and conclude of all affaires belonging to this con- 
federation, which meeting shall ever be the first 
Thursday in September. And that the next meet- 
ing after the date of these presents, which shall 
be accounted the second meeting, shall be at Bos- 
ton in the Massachusetts, the third at Hartford, 
the fourth at New Haven, the fifth at Plymouth, 
the sixth and seventh at Boston ; and then Hart- 
ford, New Haven, and Plymouth, and so in course 
successively. If in the mean time, some middle 



34 Articles of Confederation. 

place be not found out, and agreed on which may 
be comodious for all the jurisdictions. 

7. It is further agreed, that at each meeting of 
the eight commissioners, whether ordinary or ex- 
traordinary ; they all, or any six of them agreeing 
as before, may choose their President out of them- 
selves, whose office and work, shall be to take 
care, and direct for order, and a comely carrying 
on of all proceedings in the present meeting. But 
he shall be invested with no such power or re- 
spect, as by which he shall hinder the propounding 
or progresse of any businesse, or any way cast 
the scales, otherwise then in the precedent article 
is agreed. 

8. It is also agreed, that the commissioners for 
this confederation, hereafter at their meetings, 
whether ordinary or extraordinary, as they may 
have commission or opportunity, doe endeavour to 
frame and establish agreements and orders in gen- 
erall cases of a civil nature, wherein all the plan- 
tations are interested, for preserving peace amongst 
themselves, and preventing (as much as may be) 
all occasions of war, or differences with others, as 
about the free and speedy passage of justice in 
each jurisdiction, to all the confederates equally, as 
to their own, receiving those that remove from 
one plantation to another without due certificates, 
how all the jurisdictions may carry it towards the 
Indians that they neither grow insolent, nor be in- 
jured without due satisfaction, lest war break in 
upon the confederates, through such miscarriage. 
It is also agreed, that if any servant run away from 
his master, into any other of these confederated 
jurisdictions, that in such case, upon the certificate 
of one Magistrate in the jurisdiction, out of which 
the said servant fled, or upon other due proof, the 
said servant shall be delivered, either to his mas- 



Articles of Confederation. 35 

ter, or any other that pursues, and brings such 
certificate, or proof. And that upon the escape of 
any prisoner whatsoever, or fugitive, for any crim- 
inall cause, whether breaking prison, or getting 
from the officer, or otherwise escaping, upon the 
certificate of two Magistrates of the jurisdiction, 
out of which the escape is made, that he was a 
prisoner, or such an offender at the time of the 
escape ; the magistrates, or some of them, of that 
jurisdiction, where for the present the said prisoner 
or fugitive abideth, shall forthwith grant such a 
warrant, as the case will bear, for the apprehend- 
ing of any such person, and the delivering of him 
into the hand of the officer, or other person who 
pursueth him. And if help be required for the 
safe returning of any offender, it shall be granted 
unto him that craves the same, he paying the char- 
ges thereof. 

9. And for that the justest wars may be of 
dangerous consequence, especially to the smaller 
plantations, in these united colonyes, it is agreed, 
that neither the Massachusetts, Plymouth, Con- 
necticut nor New Haven, nor any of the members 
of any of them, shall at any time hereafter, begin, 
undertake or engage themselves, or this confede- 
ration or any part thereof, in any war whatsoever, 
(sudden exigents with the necessary consequences 
thereof excepted, which are also to be modera- 
ted, as much as the case will permit) without the 
consent and agreement of the forenamed com- 
missioners, or at least six of them, as in the sixt 
article is provided. And that no charge be re- 
quired of any of the confederates in case of a 
defensive war, till the said commissioners have 
met, and approved the justice of the war ; and 
have agreed upon the sum of money to be levied, 
which sum is then to be paid by the severall con- 



36 Articles of Confederation. 

federates, in proportion, according to the fourth 
article. 

10. That in extraordinary occasions, when 
meetings are summoned by three Magistrates of 
any jurisdiction, or two, as in the fifth article, if 
any of the commissioners come not, due warning 
being given, or sent, it is agreed, that four of the 
commissioners shall have power to direct a war, 
which cannot be delayed, and to send for due pro- 
portions of men, out of each jurisdiction, as well 
as six might doe, if all met, but not lesse than six 
shall determine the justice of the war, or allow 
the demands, or bills of charges, or cause any lev- 
ies to be made for the same. 

It is further agreed, that if any of the confede- 
rates shall hereafter break any of these present 
articles, or be any other way injurious to any one 
of the other jurisdictions, such breach of agree- 
ment, or injury shall be duly considered, and or- 
dered by the commissioners for the other jurisdic- 
tions, that both peace, and this present confedera- 
tion, may be entirely preserved without violation. 

Lastly, this perpetuall confederation, and the 
severall articles and agreements thereof, being 
read and seriously considered, both by the generall 
Court for the Massachusetts, and by the commis- 
sioners for Plymouth, Connecticut, and New Ha- 
ven, were presently and fully allowed and con- 
firmed by three of the forementioned confederates, 
namely : the Massachusetts, Connecticut and New 
Haven ; in testimony whereof, the generall Court 
ot the Massachusetts, by their Secretary, and the 
commissioners for Connecticut and New Haven, 
subscribed them the 19th day of the third month, 
commonly called May, Anno. Domoni, 1643. 

Only the commissioners from Plymouth, having 
brought no commission to conclude, desired re- 



Colonial Petition to Charles II. 37 

spite to advise with their generall Court, which 
was granted, and at the second meeting of the 
commissioners for the confederation,. held at Bos- 
ton, in September following, the commissioners 
for the jurisdiction of Plymouth, delivered in an 
order of their generall Court, dated the 29th of 
August 1643, by which it appeared that these ar- 
ticles of confederation were read, approved and 
confirmed by the said Court, and all their town- 
ships, and their commissioners authorized to rati- 
fie them by their subscriptions, which they accor- 
dingly did the 7th day of September, 1643. 

The foregoing articles were signed in behalf of 
the Commissioners and the General Court of Mas- 
sachusetts, by Increase Howell, Secretary. 

The Commissioners for Massachusetts, were 
John Winthrop, Joseph Dudley, Simon Brad- 
street, W. Hawthorne, Mr. Gibbons, Mr. Tyng. 

For Connecticut, John Haynes, Edward Hop- 
kins. 

For New Haven, Theophilus Eaton, Thomas 
Gregson. 

For Plymouth, Edward Winslow, William Col- 
lier. 



The humble Petition of the General Court at 
Hartford upon Connecticott in New England, 
to the High and mighty Prince Charles the sec- 
ond, humbly sheweth, 

That your Petitioners have not had for many 
years past, since their possession and inhabiting 

4 



38 Colonial Petition to Charles II. 

these western and innland parts of this wilderness, 
any opportunity, (by reason of the calamities of 
the late sad times) to look for and obtain such 
grant by letters pattents, from your excellent Ma- 
jesty, the Sovreign Lord and King, as might as- 
sure them of such liberties and priviledges and 
sufficient power, as might encourage them to go 
on through all difficulties, hazzards and expences, 
in so great a work of plantation, in a place so re- 
moate from the christian world, and a desert so 
difficultly subdued, and no way improveable for 
subsistence, but by great cost and hard labour with 
much patience and cares ; and whereas besides, 
the great charge that hath been expended by our 
Fathers, and some of their associates yett survi- 
ving, about the purchass, building, fortifying and 
other matters of cultering and improveing to a 
condition of safety and subsistence in the places 
of our present abode amonge the Heathen, where- 
by there is a considerable, and a reall addition to 
the honnour and enlargements of his Majesties 
dominion, by the sole disbursments of his Majes- 
ties subjects here, of their own propper Estates : 
They have laid out a very great summ for the pur- 
chassing a Jurisdiction Right, of Mr. George Fen- 
wick, which they were given to understand was 
derived from true Royall authority, by Letters 
Pattents to certain Lords and Gentlemen therein 
nominated ; a copy whereof was produced before 
the commissioners of the colonys, and approved 
by them, as appears by their Records, a coppy 
whereof is ready to be presented at your Majes- 
ties command ; though either by fire, at an house, 
where it had been sometimes kept, or some other 
accident, is now lost, with which your poor sub- 
jects were rather willing to have contented them- 
selves within those afflicting times, then to look for 



Colonial Petition to Charles II 39 

power or priviledges from any then their lawfull 
Prince and Sovreign. 

May it therefore please your most gracious and 
Excellent Majestie to confer upon your humble 
Petitioners (who unanimously do implore your 
Highness favour and Grace therein) those liber- 
ties, rights, authoritys and priviledges which were 
granted by the forementioned Letters Pattents, to 
certain Lords and Gent, so purchased as aforesaid, 
or which were enjoyed from those Letters Pat- 
tents, granted to the Massachusetts Plantation by 
our Fathers, and some of us yett surviveing when 
there, in our beginnings inhabiting : and upon 
which those large incouragements, liberties and 
priviledges, so great a transplantation from our 
dear England, was undertaken (and supposed to 
be yett our inheritance, till the running of that 
western line, the bounded limits of those Letters 
Pattents did since our removall thence determine 
our lott to be fallen without the limits of that so 
bounded authority.) May it please your Majestie 
graciously to bestow uppon your humble suppli- 
ants such Royall munificence according to the ten- 
our of a draft or instrument, which is ready here 
to be tendered at your Gracious order. 

And whereas besides those many other great 
disbursments as aforesaid, in prosecution of this 
wilderness work, your poor Petitioners were forced 
to maintain a warr against one nation of the Hea- 
thens that did much interrupt the beginnings of 
your servants, by many bloody and hostile acts, 
whereby divers of our dear countrymen were 
treacherously destroyed, and have also been ever 
since, and are still at much charge in keeping such 
a correspondence of peace and amity, with the di- 
vers sorts of the heathen nations that are round 
about your plantations, thus far extended into the 



40 Colonial Petition to Charles II. 

bowells of the country, besides the maintenance 
of all publick charges for church and civill affairs, 
which are very great, in respect of our great pov- 
erty : May it please your most Excellent Majes- 
tie, out of your princely bounty to grant our im- 
munity from customes as may encourage the mer- 
chants, to supply our necessities, in such comodi- 
ties as may be wanting here, for which we have 
neither silver nor gold to pay, but the supply in 
that kind may inable in due time to search the 
bowells of the earth for some good minerals, 
whereof there seem to be fair probabilities, or 
produce some such other staple comodities, as 
may in future time opperate to be good effects of 
y'r Majesties goodness and bounty. If your poor 
colony may find this Gracious acceptance with 
your Majestie, as to grant their humble desires, 
whereby they may be incouraged to goe on care- 
fully and strenuously in their plantation business, 
in hope of a comfortable settlement for them- 
selves, and their posterity, that under your Royall 
Protection, they may prosper in this desert, they 
shall, as is their acknowledged duty, ever pray for 
your great tranquility and perpetuall happiness, 
and humbly craveing leave they subscribe them- 
selves, your Majesties Loyall Subjects and Ser- 
vants. 

The Generall Court of the Colony of Connec- 
ticott in New England, pr their Order, 

DANIEL CLARK, Secry. 

Dated June 7th, 1G61. 

Note. — At a Session of the General Court in May, it was 
resolved to petition the King for a Charter under the Royal 
Signature. They avowed their allegiance to his Majesty 
Charles the Second, and declared themselves his faithful sub- 
jects ; and that it was necessary to petition his grace for the 
continuance of their rights and privileges. The Court re- 



Letter to Lord Say and Seal. 41 

solved that five hundred pounds (due the Colony from a Mr. 
Cullick)* should be appropriated to the prosecution of their 
address and application for a Charter. Governor Winthrop 
was appointed Agent to present the petition to his Majesty, 
and transact all affairs in England relative to it. At the 
same time a letter was addressed to Lord Say and Seal, rep- 
resenting the encouragements which they had received from 
him, with assurances of his patronage and favor. He re- 
ceived the address from the Colony most favorably, and gave 
Gov. Winthrop all the assistance in his power. Gov. Win- 
throp was a man of address, and he arrived in England at a 
happy time for Connecticut. He had an extraordinary Ring, 
which had been given his Grand Father by King Charles the 
first, which he presented to the King. Under these circum- 
stances the petition of Connecticut was presented, and was 
received with uncommon grace and favor. Upon the 23d 
of April 1662, his Majesty granted the Colony his letters 
pattent, conveying the most ample privileges, under the great 
seal of England. Trum. Hist. Con. 



Copy of a Letter sent from the Governor and 
General Court of the Colony of Connecticut, to 
the Lord Say and Seal. 

Right Honourable — 

The former encouragements that our Fathers 
and some of their yett surviving associates recei- 
ved from your Honour, to transplant themselves 
and families into these inland parts of this vast 
wilderness, where (as we have been given to un- 
derstand) your Honnor was, and as we conceive 

* It appears from the Records of the Colony, that the va- 
rious appropriations made, and taxes imposed, to defray the 
charges of Gov. Winthrop's agency, and other necessary 
expences attending it, that the Charter cost the Colony near- 
ly $6000. 

4 # 



42 Letter to Lord Say and Seal. 

and hope are still interested by value of Pattent 
power, and authority, doth not only perswade us, 
but assure us of your patronage and favour, in 
that which may come within your power, wherein 
our comfort and settlement, and the well being of 
our posterity, and the whole Colony, both in civill 
and Ecclesiastick pollicie is so deeply concerned. 
Honourable Sir, nott long after that some persons 
of noate, we forbear to recite, had settled upon 
this River of Connecticott, and some Plantations 
up the River were possessed, and in some measure 
improved ; Mr. George Fenwick took possession 
of Say brook Fort, there resideing for certain or 
severall years ; at length he was moved for ends 
best known to himself to returne to England, and 
thereupon propounded by himself, or agent, the 
sale of the Fort, with the Housing there, and sev- 
erall appertenances, together with all the Lands 
on the River, and so to the Narragansett Bay, with 
jurisdiction power to this Colony, which was ex- 
ceedingly opposed by severall amongst us, whom 
some of us have heard to affirm that such a thing 
would be very distastfull to your Honour, with the 
rest of the noble Pattentees, who had very boun- 
tifull intentions to this Colony nevertheless, tho 
there was a stopp for the present, yett in some 
short time, (God removeing some from us by 
death, that were interested in the hearts and af- 
fections of severall of those Nobles and Gent, the 
Pattentees in England) the business of purchass 
was revived by Mr. Fenwick, and expressions to 
this purpose given out by him or his agents, or 
both, that he had power to dispose of the premi- 
ses, the rest of the Pattentees deserting, it fell into 
his hands by agreement ; and in case the Towns 
on the River, refused to comply with such terms 
as he proposed for the purchassing of the said 



Letter to Lord Say and Seal. 43 

Fort &c, itt was frequently reported that he pro- 
posed either to impose customes on the River, or 
make sale thereof to the Dutch, our noxious neigh- 
bours, at last for our peace and settlement and 
security (as we hoped) we made by our Commit- 
tee, an agreement with the said Mr. Fenwick, a 
coppie whereof is ready to be presented unto your 
Honnour, which cost this River, one thousand six 
hundred pounds or thereabouts, wherein your 
Honnour may see the great abuse that we receiv- 
ed at Mr. Fenwicks hand, receiving a vast sum 
from a poor people, and we scarcely att all advan- 
taged thereby ; may we judge our condition worse 
then if we had contented ourselves with the pat- 
ronage of the grand Pattentees, for we have not 
so much as a coppy of a Pattent to secure our 
standing as a comonwealth, nor to ensure us for 
the continuance of our rights and priviledges and 
immunities, which we thought the jurisdiction pow- 
er and authority which Mr. Fenwick had engaged 
to us, and we paid for at a dear rate, nor any thing 
under his hand to engage him and his heirs, to the 
performance of that which was aimed at and in- 
tended in our purchase, the lands up the River for 
a long tract, the Massachusetts Colony doth chal- 
lenge, and have run the line, which as they say, 
falls into one of our Towns ; on the other side to- 
wards Narragansett, we know not how to claime, 
being destitute of Pattent and a coppie to decide 
the bounds. Be pleased noble Sr to considder our 
condition, who have taken upon us this boldness 
to address his Majestie, our Sovreigne Lord, and 
to petition his Grace and favour towards us, in 
granting us the continuance of his protection, and 
the continuance of those priviledges and immuni- 
ties, that we have hitherto enjoyed in this remote 
western part of the world ; and likewise for a 



44 Letter to Lord Say and Seal. 

Pattent, whereby we may be encouraged and 
strengthened in our proceedings. ] tight Honnour- 
able, our humble request to yourself is, that you 
would be pleased to countenance our enterprize, 
and so farr favour us, as to councell and advise our 
agent who is to Represent this poor Colony, and 
to act in our behalfe, John Winthrop Esqr., our 
Honnoured Governour, whom we have commis- 
sioned and also directed to await your Honnours 
pleasure, for advise and counsell, both respecting 
our Petition for the King's Majestie, as also re- 
specting the case forementioned, that if there be 
any relief for us, we may not lose such a conside- 
rable sum of money, and be exposed to further 
expence for the obtaining a Pattent. If we may 
find this favour with your Honnour to afford your 
advice and counsell and hopefulness to bring to pass 
our desiers, we shall still acknowledge your en- 
larged bounty and favourable respect to us and 
ours, and ever pray an inundation of mercies may 
flow in upon your Lordship from the author and 
fountain of blessing, with all due respect, we sub- 
scribe Sr your Lordships Humble Servants. 

The Generall Assembly of the Colony of Con- 
necticut, pr, their Order, 

DANIEL CLARK, Secry. 

Dated June 7th, 1661. 



Order relative to Indian Lands. 45 



The Order and conclusion of his Majesty's Com- 
missioners relative to Indian Lands in the Nar- 
vaganset Country. 

Haveing received from some of the principall 
Sachems of the Narrogansett Indians, a submis- 
sion, and a surrender of themselves, their subjects 
and their lands, to the protection, Government and 
dispose of our dread Sovreign the King of Great 
Brittain, France and Ireland, as well by their per- 
sonal acknowledgements and laying down their 
arms, as at his Majesties feet, and sending his 
Majesty some presents, as also by giveing us a 
Deed, dated April 19th, 1644, wherein they and 
all the other chief Sachems of that country, did 
then submitt, subject and give over themselves to 
his late Majesty of blessed memory, and by pre- 
senting to us severall Petitions and declarations, 
containing many injuries, which (they say) they 
have received from severall of his Majesties Eng- 
lish subjects, against whom they desire justice from 
us. Wee his Majesties Commissioners have re- 
ceived them into hia Majesties protection, and do 
in his Majesties name, order, appoint and com- 
mand, that the said country from hence forward 
be called the Kings Province, and that no person 
of what Colony soever presume to exercise any 
jurisdiction within this the Kings Province, but 
such as receive authority from us under our hands 
and seals, untill his Majesties pleasure be further 
known : and we also declare that this the Kings 
Province doth extend to Pawkatuck River west- 
ward, and a north line drawn to the Massachu- 
setts from the midst of the mouth thereof. 

And whereas Major Atherton, and others of his 
Majesties Colony of the Massachusetts, pretend a 



46 Order relative to Indian Lands. 

mortgage of a great part of the said country, we 
order and appoint, that whenever either of the 
Sachems, known by the name Pessicus or Nene- 
craft, or any authorized by them, do pay unto any 
one of the persons laying claime to the same 
mortgage, the sum of seven hundred thirty-five 
Fathoms of Peage, the said mortgage shall be void, 
and whatever is thereupon pretended to by them. 
And whereas there is also two purchases pre- 
tended to, of two great tracts of land, by the same 
Major Atherton, Capt. Hudson and others of his 
Majesties Colony of Massachusetts, bought of 
Cachanaquaud, in the Narrogansett country, in 
the year 1659, in which Deed there is no mention 
of any consideration, and that it appears the said 
pretending purchasers know that the said country 
was submitted to his Majestie, as well by witness- 
es as by the said submission, being eighteen years 
ago printed. Wee his Majesties commissioners 
haveing heared the whole business, do declare the 
said purchases to be void, and order and com- 
mand that the purchasers shall quilt, and go off the 
said pretended purchased land, and shall not keep 
any cattle of any sort upon the said land by pre- 
tence of the said purchase, after the feast of St. 
Michael next ; if within that time, either of the 
Sachems above named, or any authorized by them, 
do pay unto any one of the said purchasers the 
summ of three hundred Fathom of Peage, which 
is the only sum acknowledged to be received by 
the said Cachanaquaud — Given under our hands 
and seals at Petaquamskuck the 20th March, 1C564. 

ROBERT CARR, T~? 

GEORGE CARTWRIGHT, f~f 
SAMUEL MAVERICK. 



A Letter to the Colony of Connecticut. 47 

Our meaning in settling the western bounds to 
the Kings Province, is not to take any land on the 
west side of the River mouth called Paucatuck, 
therefore we declare that the northern line to be 
drawn to the Massachusetts line shall begin in the 
midst of the said River, a little above Thomas 
Shaw's House, as soon as one may ride over the 
River on horseback at low water. 

Given under our hands at Southerton, March 
30th, 1665. 

ROBERT CARR, 
GEORGE CARTWRIGHT, 
SAMUEL MAVERICK. 



A Letter from his Majesty Charles 2d, to the Gov- 
ernor and Council of the Colony of Connecti- 
cut 

Charles R. 

Trusty and well beloved wee greet you well, 
having according to the resolution wee declared 
to Mr. John Winthrop, at the time when wee re- 
newed your Charter, now sent these persons of 
knowne abilityes and affection to us, that is to say 
ColFn Richard Nicolls, Sir Robert Carr Knt. 
George Cart.wright Esqr., and Samuel Maveiicke 
Esqr., our commissioners to visitt those our seve- 
rall Colonies and Plantations in New England, to 
the end that wee may be the better informed of 
the state and wellfare of our good subjects, whose 
prosperity is very deare to us, wee can make no 
question, but that they shall finde that reception 
from you, which may testify your respect to us, 



48 A Letter to the Colony of Connecticut, 

from whome they are sent for your good, wee 
need not tell you how carefull wee are of your 
liberties and priviledges, whether Ecclesiasticall or 
civill, which wee will not suffer to be violated in 
the least degree : And that they may not bee, is 
the principal! businesse of our sayd commission- 
ers, as likewise to take care that the bounds and 
jurisdiction of our severall Colonies there may be 
clearly agreed upon, that every one may enjoye 
what of right belongs unto them without strife or 
contention ; and especially that the natives of that 
countrey, who are willing to live peaceably and 
neighbourly with our English subjects, may re- 
ceive such justice and civill treatment from them, 
as may make them the more in love with their 
Religion and manners ; soe not doubting of your 
full compliance and submission to our desire, wee 
bid you farewell. Given at our Court, at White 
Hall, the 23d day of April, 1684, in the 16th year 
of our Reigne. 

By his Majesties Command, 

HENRY BENNITE. 

To ye Governour and Council! of Conecticutt 
in New England. 

To our trusty and well beloved, our Governour 
and Councill of our Colony of Conecticutt, in New 
England. 



Commissions, tyc. 49 



The Commission of Col. Richard Nicolls, Sir 
Robert Carr, George Cartright and Samuel 
Maverick, Esqrs.from King Charles 2d. 

Charles R. 

Charles the second, by the Grace of God, King 
of England, Scotland and France and Ireland, de- 
fender of the faythe &c. to all to whome these 
presents shall come Greeting — Whereas we have 
rec'd severall addresses from our subjects of sev- 
erall coloneys of New England, all full of duty 
and affection, and expressions of loyalty and alle- 
giance to us, with their humble desire that we 
would renew their several charters, and receive 
them into our favourable oppinion and protection ; 
and severall of our coloneys there. And other 
our loveing subjects have likewise complayned, 
differences and disputes arisen upon the limits and 
bounds of theire severall charters and jurisdic- 
tions, whereby unneighbourly and unbrotherly con- 
tentions have and may arise, to the damage and 
discreditt of the English interests ; and thatt all 
our good subjects, residing there, and being plant- 
ers, is within the severall coloney's do not enjoy 
the liberty and priviledges granted to them by our 
severall charters ; upon confidence and assurance 
of which, they transported themselves and their 
estates into those partes, and we having received 
some addresses from the great men and natives of 
those countreys, in which they complayne of 
breach of fayth and acts of violence and injustice, 
which they have been forced to undergoe from our 
subjects, whereby not onely our government is 
traduced, but the reputation and credit of christian 
religion brought into prejudice and reproach with 
the Gentiles and inhabitance of those countreys, 

5 



50 Commissions) fyc. 

who know not God, the reduction of whom, to the 
true knowledge and feare of God, is the most wor- 
thy and glorious end of all those Plantations, upon 
all which motives, and as an evidence and manifes- 
tation of our fatherly affection towards all our 
subjects in those severall coloneys of New Eng- 
land, (that is to say) of the Massachusetts, Con- 
necticut^ New Plimouth, Road Island and the 
Providence Plantations, and all other Plantations 
within that tract of land, known under the appela- 
tion of New England, and to the end we may be 
truely informed of the state and condition of our 
good subjects there, that soe w r e may the better 
know how to contribute to the farther improve- 
ment of their happynesse and prosperity ; know 
yee therefore, that we reposeing speciall trust and 
confidence in the fidelitie, wisedome and circum- 
spection of or trusty and well beloved Colonell 
Richard Nicolis, Sir Robert Carr, Knight, George 
Cartright Esquire and Samuell Mavericke, of cr 
special grace certayn knowledge and mere mo- 
tion, have made, ordayned, constituted and ap- 
poynted and by these presents doe make, ordayne, 
constitute and appoynt the sayd Colonell Richard 
NiGolls, Sir Robert Carr, Knight, George Cart- 
wright and Samuel Maverick, our commissioners, 
and doe hereby give and grant unto them, or any 
three or two of them, or of the survivors of them 
(of whom we will the sayd Colonell Richard 
Nicolis dureing his life shall be allwayes one) and 
upon equall division of opinions to have the cast- 
ing and decisive voyce, in our name to vissitt all 
and every the severall colonyes aforesayd and ail- 
so all power and authority to heare and receive 
and to examine and determine all complaynts, ap- 
peals in all causes and matters, as well miletary as 
criminall and civill, and proceed in all things for 



Lord Chancellors Letter to the Governor, 51 

the providing for and setleing the appeals and 
equity of the said countrey, according to their 
good and sound discressions, and to such instruc- 
tions as they or the survivours of them have, or 
shall from time to time receive from us, in that be- 
halfe, and from time to time as they shall finde ex- 
pedient, to certify us or our privy councill of theire 
actings or proceedings, touching the premises and 
for the doeing thereof any other matter or thing 
relating thereunto, these presents or the enrolement 
thereof, shall be unto them, and every of them a 
sufficient warrant and discharge in that behalfe. — 
In witnesse whereof we have caused these our 
letters to be made pattents. 

Given at our Court, at White Hall the 26th day 
of Aprill 1664, and in the sixteenth year of our 
Raigne. 

BARKER. 



The Lord Chancellors Letter to the Governour. 

Good Mr. Governour, 

You remember that I told you at parting, that 
his Majesty would shortly send Commissioners, 
which his great effection to his subjects there, hath 
induced him to doe, that he may receive a full ac- 
count and information of the true state and condi- 
tion of his severall colonies, and thereby know 
what further to contribute of his grace and good- 
nesse, for the encrease of your prosperity. I 
know you will give that reception and wellcom to 
the Commissioners, as is due to the quality they 



52 Duke Hamilton's Petition to the King, fyc. 

come to you in, and take such order for their de- 
cent accomodation and treatment, whilst they stay 
in your colony, as may give a good example to 
the rest, which they are likewise to vissitt, in or- 
der, and may manifest your duty and affection to 
his Majesty, from whome they are sent. I have 
passed my word to them, that they shall finde all 
the assistance you can give them, by your civili- 
ties, information and advice. I wish all happi- 
nesse to your colony, and am good Mr. Winthrop 
your affectionate servant, 

CLARENDON, C. 

Worcester House, 28th April, 1664. 

For my good friend, the Governour of his Ma- 
jesties Colony of Connecticutt, in New England. 



Copy of William, Duke Hamilton's Petition to 
the King, and his Majesties reference of the 
same to Col. Nichols fyc. Jiis Majesties Com- 
missioners. 

To the Kings most Excellent Majestie — 

The Humble Petition of William Duke Hamil- 
ton, and Anne Dutchess of Hamilton, sheweth, 

That whereas in the eleventh year of the Reigne 
of your Royall Father of ever blessed memory, 
the councill established at Plymouth in the county 
of Devon, for planting, ordering and governing of 
New England in America (according to the power 
given them in the eighteenth year of the Reigne 
of the late King James, by his Letters Pattents, 
bearing date the 3d day of November) did for a 



Duke Hamilton's Petition to the King, fyc. 53 

competent summ of money and other valluable 
considerations, bargain and sell unto the Petition- 
ers Father, by the name of James Marquess Ham- 
ilton, his heirs and assignees, all that part and por- 
tion of the main lands in New England, lying and 
beginning at the middle part of the mouth of the 
River Coverticu* to proceed along the sea coast, to 
be accounted about 60 miles, and so up to the west- 
ward arm of the River into the land northwest- 
ward till 60 miles be finished, and so to cross 
southwestward till 60 miles, all which part and 
portion of lands were to be called by the name of 
the county of New Cambridge, with severall oth- 
er lands and priviledges, as by the said Deed of 
Feoffment doth more fully appear, a copy whereof 
is hereunto annexed — since which time and by 
reason of the late unhappy warr severall persons 
have possessed themselves of the best and most 
considerable parts of the said lands, without any 
acknowledgement of your Petitioners Right. 

Your Petitioners therefore most humbly pray, 
that your Majestie will be graciously pleased to 
recomend the premises to your Majesties Com- 
missioners for New England, and that care may 
be taken that your Petitioners may be restored to 
their just right, and that nothing be don to their 
prejudice. 

At the Court at White Hall the 6th May 1664, 

His Majesty is graciously pleased to referr this 

Petition to the Commissioners now imployed by 

his Majesty to settle the affaires of New England, 

who are to examine the obligations thereof, and 

i upon due consideration had, to preserve and re- 

I store to the Petitioners their just right and inter- 

i est, or otherwise to report their opinions to his 

* Connecticut. 

5* 



54 Report concerning Bounds, fyc. 

Majestie, who will then declare his farther pleas- 
ure for the Honnourable Petitioners justification. 

HENRY BENNIT. 



The Report or determination of his Majesties 
Commissioners concerning the Bounds of his 
Royal Highness the Duke of York's Patent and 
the Patent of the Colony of Connecticut. 

By vertue of his Majesties commissien we have 
heard the differences about the bounds of the pa- 
tents, granted to his Royall Highnesse the Duke 
of Yorke and his Majesties Colony of Conecti- 
cutt ; and haveing deliberately considered all the 
reasons alleadged by Mr. Allyn Senr, Mr. Gold, 
Mr. Richards and Captaine Winthrop, appoynted 
by the Assembly, held at Hartford the 13th day 
of October 1664, to accompany John Winthrop 
Esqr., (the Governour of his Majesties Colony of 
Conecticut.) to New Yorke, and by Mr. Howell 
and Captaine Young of Long Island, why the 
sayd Long Island be under the Goverment of 
Connecticutt, which are to long here to be recited, 
wee doe declare and order, that the southern 
bqunds of his Majesties Colony of Conecticutt, is 
the sea, and that Long Island is to under the Gov- 
erment of his Royall Highness the Duke of Yorke, 
as is exprest by playn words, in the sayd patents 
respectively. 

And also by vertue of his Majesties commission, 
and by the consent of both the Governours, and 
the gentlemen above named, wee allso order and 
declare, that the Creeke or River, called Momo- 



Report concerning Bounds, fyc. 55 

ronock, which is reputed to be about twelve miles 
to the east of Chester, and a lyne drawne from 
the east poynt or side, where the fresh water falls 
into the salt, at high water marke, north, north- 
west, to the line of the Massachusets, be the wes- 
tern bounds of the sayd Colony of Conecticutt, 
and all plantations lyeing westwards of that 
creeke and lyne so drawne to be under his Royall 
highnese Goverment, and all plantations lyeing 
eastward of that creeke and lyne, to be under the 
Goverment of Conecticutt. Given under our 
hands at Forte James in New Yorke on Manhat- 
ans Island this 30th day of November, 1664. 
RICHARD NICOLLS, 
GEORGE CARTWRIGHT, 
SAMUELL MAVERICK. 
December 28th, 1664. 

Wee under written, on the behalfe of the Colo- 
ny of Conecticutt, have assented unto this deter- 
mination of his Majesties Commissioners in rela- 
tion to the bounds and limits of his Royall High- 
ness the Dukes pattent, and the pattent of Conec- 
ticutt— Nov. 30th, 1664. 

John Winthrop, 
Mathew Allyn, 
Nathan Gold, 
James Richards, 
J. Winthrop. 



56 Charles II Letter to the Colony. 



A Letter from his Majesty Charles 2d, to the 
Governor and Council of the Colony of Con- 
necticut, with the intelligence of the Declaration 
of War against France. 

Charles R. 

Trusty and well beloved, we greet you well ; 
in former letters* wee have directed you to put 
yourselves in the best way of defence you could, 
against the assaults of the French and Dutch, in 
those parts, and for the secureing the comeiug of 
all shippes hither ; towards which you may assure 
yourselves that wee cooperate from hence, with 
our accustomed care for the good of our subjects, 
and because the time offers itself more favourably 
now then ever, of delivering yourselves from those 
unquiet neighbours ; wee have thought fitt to writt 
this unto you, to authoriz you to apply yourselves 
with all your force and skill, to the reduceing to 
our obedience all islands and plantations, in those 
parts belonging to the French or Dutch nation ; 
and especially that of Cannada, the effecting of 
which we must leave to your prudence and good 
conduct, since it is impossible at this distance to 
instruct you therein. And that our trusty and 
well beloved Sir Thomas Temple, our Governour 
of Nova Scotia, may the better correspond with 
you, and be assisting therein, wee have by our let- 
ters required him thereunto, herewith sending you 
our declaration of the warre against France : 
which you are to publish in the manner you shall 
thinke fitt, takeing the substance thereof and vary- 
ing the forme of it, according to what hath been 

* Never received, as stated in a note in the margin of the 
above letter. 






Commissioners Letter to the Colony. 57 

used in such cases. And soe we bid you fare- 
well. 

Given at our Court att White Hall, the 22d day 
of February, in the 18th year of our Reigne, 
1665— 6. 

By his Majesties Command, 

Arlington. 

To our trusty and well beloved, the Governour 
and Council!, of our Colony of Connecticut, in 
New England. 



A letter from his Majesties Commissioners to the 
Governor and General Assembly of the Colony 
of Connecticut, relative to the claim of the Mar- 
quis of Hamilton, fyc. 

Gentlemen — 

We are very sorry we could not reach Hartford, 
where we intended to have freely discoursed of 
these things, which we now make our request, 
and they are, 

That we may have something in writing, to re- 
turn to the King concerning the grant of sixty 
miles square, on the eastern side of Connecticut 
river, &c. to James Marquess Hamilton, from 
the councill of Plymouth, in Devon, in the year 
1635. 

That there may be a place appointed betwixt 
the two rivers of Pawkatuck and Mohegan, for 
those Pequot Indians who now live on the eastern 
side of Pawkatuck river, where they shall con- 
tinue till March the 1st 1665, and that then, if not 



58 Answer to the preceding Letter. 

before, they may be removed to that appointed 
place, and leave the Kings province free. 

That they may continue a distinct body of 
themselves not putt under other Sachems, nor their 
o vn, but under an Indian Governor, appointed by 
the Court, at least till the King's pleasure be 
known, they haveing requested this of us, upon 
good reasons, we mean the whole body of the 
Pequot Indians, both Robbins company as well 
as the other. 

And that you would lett us know in what par- 
ticulars you would have us to be solicitous to his 
Majestie for the advantage of your colony, and it 
shall cordially be endeavored by, your assured 
friends. 

ROBERT CARR, 
GEORGE CARTWRIGHT, 
SAMUEL MAVERICK. 

New London, March 25th, 1665. 

For our honnoured friend, the Governor and 
General Assembly of his Majesties colony of 
Connecticutt. 



Copy of the answer of the Governor and General 
Assembly of the Colony of Connecticut, to the 
Letter of his Majesties Commissioners. 

To the honnourable Sr Robert Carr, Knight, 
George Cartwright, Esqr. and Samuel Maverick, 
Esqr. his Majesties Commissioners. 

In answer to Duke Hamilton's Petition, respect- 



Answer to the preceding Letter. 59 

ing a grant of land of sixty miles square, on the 
east side of the river Coverticu. 

1. We are wholly ignorant of any river within 
the extent of our charter, that is known under 
such an appellation, and therefore cannot concieve 
that any part or tract of land under this Govern- 
ment is concerned in this demand. 

2. Yet upon supposition that it may be con- 
ceved to intend Connecticutt river, wee humbly 
conceive that the originall pattent grant from 
Royall authority, to the Lord Say, and other No- 
bles and Gentlemen which we purchased at a 
dear rate, is lately ratified and confirmed by our 
gracious Sovreign, under the broad Seal of England, 
(the most absolute and unquestionable security of 
the English subjects) in which grants the lands 
forementioned are comprized. The grant to Con- 
necticutt was precedent to that of Duke Hamil- 
ton severall years, which gives us to conclude, 
that propriety of title, will be settled upon priority 
of Grant. 

3. A Considerable tract of this land which the 
Duke's Petition refers to, (if as before supposed, 
it be determined Connecticutt,) was possessed by 
a people most malignantly spirited against his 
Majesties English subjects, and at our first settle- 
ing here, when we were weak and few, they 
grew very insolent against us, making invasion 
upon us, murthering many of our people, thereby 
necessitating us to a hazardous undertakeing, to 
cast ourselves into the arms of God's Providence, 
in endeavoring to suppress those bloody heathen, 
and through benediction we found a good success, 
and tho that wilderness land would not afford any 
considerable recompence for the loss of lives and 



60 Answer to the preceding Letter. 

great expences, yet our peace, attained by that 
conquest, did greatly rejoyce us. 

4. We have had peaceable possession this 30 
years, free from the least claime of any other that 
ever we heard of, to this day, which perswades 
us, that if the Dukes Highness had ever reason by 
vertue of his grant, to make claime, yet that right 
pretended, is extinct in law many years since. 
His Majesty our Gracious Sovreign was pleased, 
of his abundant favour and grace, to his subjects 
of this colony, so farr to declare his free reception 
of the reasons forementioned, of our purchase 
made, and conquest recovered, and likewise by our 
improvement and labour bestowed upon these 
lands, as to insert them as motives to that late 
renewal of our charter. 

We humbly crave that as it hath been his 
Majesties Royall pleasure to manifest his tender af- 
fection to, and care of his subjects wellfare in 
these his colonies of New England, in sending 
over his honnourable Commissioners to compose 
and issue those things that might be of ill conse- 
quence between the severall colonies, so likewise 
that it be well pleasing to his majesty, that this 
his colony of Connecticutt might be free from 
further trouble or inconvenience by this claime 
that wee understand hath been presented by the 
Marquis Hamilton. 

And whereas your honnors are pleased so farr 
to exercise your thoughts about the promotion of 
the welfare of his Majesties subjects in this his 
colony, as to vouchsafe us so favorable a tender 
to be solicitous in our behalf to his Majesty our 
gracious Sovreigne, in any particulars wherein we 
may be advantaged, we crave your honnors as- 
sistance as followeth. 



Ansioer to the preceding Letter. 61 

1. That his Majestie would be graciously- 
pleased to silence the claim of Duke Hamilton, if 
any be by him pretended or presented, to any 
tract of land lying or being within the precincts of 
our charter, (renewed and established to us by 
our Royall Sovreigne,) and possessed and im- 
proved by severall poor people, whose progress 
in ther labours and endeavors for their subsistence 
(at the best very meane) will be impeded and 
obstructed through fear of the event of such 
claimes. 

2. Whereas this colony is at a very low ebb in 
respect to traffick, and although out of a respect to 
our relation to the English nation, and that we 
might be accounted a people under the Sovreignty 
and protection of his Majestie the King of England, 
we presumed to put the name or appellation of 
New London, upon one of our towns, which na- 
ture hath furnished with a safe and commodious 
harbour, though but a poor people, and discapa- 
citated in several respects to promote traffique ; 
we humbly crave of our gracious Sovreigne, that 
he would be pleased out of his Princely bounty, to 
grant it to be a place of free trade for 7, 10, or 
12 years, as his Royall heart shall encline to 
conferr, as a boon upon his poor yett loyall sub- 
jects. 

3. We request of your honnors, — 1. that you 
will please to represent unto his Majesty, our alle- 
giance, with our ready acknowledgement of his 
princely grace, in the late renewall of our charter, 
— 2. his more abundant grace in re-ratifying our 
priviledges, both civill and ecclesiastick, in his late 
gracious letter, sent to us by your honnors, — 3. 
our ready compliance with his Majesties Royall 
will and pleasure therein expressed, — 4. our chris- 
tian moderation to men of different perswasions, — 

6 



62 Propositions by Commissioners. 

5. we humbly implore the continuation of the 
shines of his Royall favour upon our mean begin- 
nings, that so we may flourish under the benigne 
aspect of our Lord the King. 



Propositions made to the Governor and General 
Court of Connecticut, by his Majesties Com- 
missioners. 

We were commanded principally to recom- 
mend these things to you from his Majesty. 

1. That all Householders inhabiting this col- 
ony to take the oath of allegiance, and that the 
administration of Justice be in his Majesty's 
name. 

2. That all men of competent estates, and of 
civell conversation, (though of different judgment,) 
may be admitted to be freemen, and have liberty 
to chuse, or be chosen officers, both Military and 
civill. 

3. That all persons of civill lives, may freely 
enjoy the liberty of theire consciences, and the 
worship of God in that way which they thinke 
best; provided that this liberty tend not to the dis- 
turbance of the public, nor to the hindrance of the 
maintenance of ministers regularly chosen, in each 
respective parish, or township. 

4. That all lawes and expressions in lawes, 
derogatory to his Majesty, if any such have been 



Answer to Propositions. 63 

made, in these late troublesome times may be re- 
pealed, altered and taken off the fvle. 
ROBERT CARR, 
GEORGE CARTWRIGHT, 
SAMUEL MAVERICK. 
April 20th, 1665. 



Answers to the foregoing propositions, by the Gov* 
ernor and General Assembly of the Colony of 
Connecticut, 

In answer to the foure propositions, directed by 
yor honors to this Generall Assembly, as his 
Ma'ties Royall will and pleasure we have here in 
the following lines sent a transcript of the Assem- 
blies answer. 

To the first proposal, that all householders in- 
habiting this colony take the oath of allegiance, 
and that the administration of justice be in his 
Ma'ties name, we returne, 

That according to his Ma'ties pleasure exprest 
in o'r charter, o'r hono'ble Governor formerly 
hath nominated and appointed meet persons to 
administer the oath of allegiance, who have ac- 
cording to their order administered the said oath 
to several persons already ; and the administra- 
tion of justice hath been, is, and shall be in his 
Ma'ties name. 

Secondly. That all men of competent estates 
and of civill conversation, though of different judg- 
ments, may be admitted to be freemen, and have 
liberty to chuse and to be chosen officers, both 
military and civill. 



64 Answer to Propositions. 

Ans. Our order for admission of Freemen, is 
consonant with that proposition. 

Thirdly. That all persons of civil lives, may 
freely enjoy the liberty of their consciences, and 
the worship of God, in that way w'ch they think 
best ; provided that this liberty, tend not to the 
disturbance of the publique, nor ye hindrance of 
the maintenance of ministers, regularly chosen in 
each respective parish or town. 

Ans. Wee know not of any one that hathe 
been troubled by vs for attending his conscience, 
and it is our care, that ye ministers of the Gospel, 
employed in the Lords work, be duly main- 
teyned. 

Ffourth. That all lawes, and expressions in 
lawes, derogatory to his Ma'tie, if any such have 
bene, in these late troublesome times, may be re- 
pealed, altered, and taken of the ffile. 

We returne, we know not of any law or ex- 
pressions in any law that is derogatory to his 
M'tie, amongst vs ; but if any such be found, we 
count it our duty to repeale, alter it, and take it of 
the ffile, and this we attended, upon the receipt of 
our Charter. 



Letter from Charles II. 65 



A Letter from his Majesty Charles 2d, to the Gov- 
ernor and Council of the Colony of Connecti- 
cut, expressing Ivs Majesties satisfaction of 
their kind reception of his Commissioners by 
the Governor, fyc. 

Charles R. 

Trusty and well beloved we greet you well, 
haveing rece'd soe full and satisfactory an account 
from our commissioners, both of the good recep- 
tion you have given them, and allso of your duti- 
fullness and obedience to us, wee cannot but let 
you know how much wee are pleased therewith, 
judging that respect of yours towards our officers 
to be the true and naturall fruit which demon- 
strates what fidelity and affection towards us is 
rooted in your hearts, and allthough your carriage 
doth of itselfe most justly deserve our prayse and 
approbation, yet it seems to be sett off with the 
more lustre by the contrary deportment of the 
Colony of the Massachusetts, as if by their re- 
fractorinesse, they had designed to recommend 
and heighten the meritt of your complyance with 
our directions for the peaceable and good gover- 
ment of our subjects in those parts, you may 
therefore assure yourselves, that wee never shall 
be unmindful of this your loyall and dutifull be- 
haviour, but shall on all occasions take notice of it 
to your advantage, promiseing you our constant 
protection and Roy all favour, in all things that may 
concerne your safety, peace and wellfare ; and so 
wee bid you farewell. 

6* 



66 Letter from Charles II. 

Given at our Court at White Hall, the 10th day 
of Aprill, 1666, in the eighteenth yeare of our 
Reigne. 

By his Majesties command, 

WILL MORICE. 

To our Trusty and well beloved, the Goyernour 
and Councill of our Colony of Connecticut^ in 
New England. 



A Letter from his Majesty Charles 2d, recommend- 
ing a vigorous prosecution of the war with the 
French and Dutch. 

Charles R. 

Trusty and well beloved wee greet you well ; 
by our letter of the 22d of February last, wee 
gave you notice how that the French King have- 
ing declared warre against us and our subjects, 
wee have been obliged, in our just defence to is- 
sue out our declaration likewise, a copy of which 
was therewith sent you, whereby wee did resolve 
to the utmost of our power to oppose him the sayd 
French King, in this warre, so unjustly begunn up- 
on us, thereby willing and requireing you, as wee 
had likewise done the rest of our Islands, Colo- 
neys and plantations in the West Indies, after a 
fitt publication of our sayd declaration, forthwith 
to apply yourselves by all wayes and means to 
annoy, infest, dammage and destroye the French 
as well as Dutch, in those parts, and such of their 
Colonyes and plantations as lye neare you, to re- 



Letter from Charles IL 07 

duce by the most speedy and effectuall wayes you 
could to our obedience, and more especially, that 
of the French in Canada, in all which wee en- 
joyned our Colony of the Massachusetts to joyne 
and correspond with you, wee doubt not but you 
have accordingly taken care for, and that in due 
time we shall receive a good accompt of your 
diligence and circumspection therein. However, 
wee have thought not amisse, out of the perticular 
care wee have for the security and preservation of 
those our Colonyes and plantations, hereby to 
quicken you in the sudden execution of what you 
shall finde fitt to resolve in that matter, that soe 
the enemy takeing advantage of your remissnesse 
and delayes, may not prevent you in the oppertu- 
neties you may have upon them, as wee have rea- 
son to believe by all meanes they will indeavour 
to doe ; and considering the more iinediate dan- 
gers to which the Barbadoes and other the Cari- 
bee Islands are exposed from the French, and that 
wee cannot as yet finde fitt to spare them those 
supplyes from hence, that are necessary, the maine 
issue of the warre, being in the first place to be 
provided for, by a vigorous pursuit of those advan- 
tages it hath pleased God to give us against the 
body of our enemies strength neare home, wee 
cannot but in tendernesse to the safety of those 
our islands and plantations very effectually re- 
commend it forthwith upon receipt hereof to con- 
sider with your neighbour Colony Massachusetts, 
to whome wee have likewise written, on this oc- 
casion of som fitt number of forces, such as you 
can best spare, to bee speedily sent to the reliefe 
and defence of the sayd Caribee Islands, under 
such able and discreet commanders as you shall 
finde fitt to choose, which as it will bee seasonable 
argument of your care and concernment for your 



68 Letter from Charles II. 

fellow subjects in those islands, soe shall we con- 
sider it as a singular expression of your good affec- 
tion and loyalty to us, and shall not forget to owne 
it to you for such hereafter as there shall be occa- 
sion — and soe wee bid you farewell. 

Given at our Court at White Hall, the 28th day 
of August, 16G6. 

By his Ma'ties command, 

ARLINGTON. 

To our Trusty and well beloved, our Govern- 
our and Councill of our Colony of Connecticutt, in 
New England. 



A Letter from his Majesty Charles 2d, to the 
Governor and Council of Massachusetts, com- 
municating intelligence of the Declaration of 
War against the States General of the United 
Provinces: to be communicated to the other Col- 
onies. 

CnARLES R. 

Trusty and well beloved, we greet you well, 
having found our self obliged for the just vindica- 
tion of the antient and undoubted rights of our 
Crown, and for reparation as well of the many 
affronts and indignities don to our Royal person 
and dignity, as of the frequent wrongs and inju- 
ries don to our subjects, by the States Generall of 
the United Provinces, to declare warr against 
them, wee have thought good hereby to give you 
knowledge thereof, willing you forthwith, upon re- 



Letter from Charles II. 69 

ceipt hereof, in the usuall manner to cause the 
said warr to be proclaimed, within that our Colo- 
ny, according to our declaration, (copies of which 
wee have directed to be herewith sent you,) and 
that at the same time, you cause seizure to be made 
of all shipps, goods and merchandizes, belonging 
to the said States Generall, or their subjects : And 
because we have reason to believe from the con- 
stant evill minde, they have been always known to 
bear to our forreign Colonies and plantations, and 
haveing likewise understood that a considerable 
number of private men of warr are now prepare - 
ing in Holland and Zealand, to be forthwith sent 
into the West Indias, to infest and annoy our plan- 
tations there, wee have thought fitt, out of our 
princely care and regard to the safety of those re- 
moate parts of our dominions, and for the secure- 
ing our good subjects inhabiting there, or trading 
thither, to recommend it to you, as wee do by 
these very particularly, forthwith to apply your- 
selves joyntly to consider of the condition thereof, 
and by all the speediest, and most effectuall means 
you can, early to provide for its safety and de- 
fence, and for the protection and security of such 
shipps and vessells, as shall be from time to time 
rideing in the roads and harbours there, from the 
assaults and attempts of the Dutch, and particu- 
larly, wee think fitt for to repeat our former or- 
ders to you, that all such shipps, which shall come 
thence, be enjoyned to sail in considerable num- 
bers for their common security, and that then, and 
ever dureing their stay there, it will be fitt some 
of the most experienced officers have authority 
given them to command the rest ; wee have 
thought fitt hereby to authorize and impower you 
to do therein, what according to this or any other 
emergencies shall appear to you to bee most for 



70 Letter from Charles II. 

the safety of our Colony, and navigation of our 
merchants, and further, that in all other matters 
relating to the jurisdiction of our most dear broth- 
er the Duke of York, our high Admirall &c, you 
observe such orders and directions, as you shall 
from time to time receive from him, whom wee 
have commissioned to grant Letters of Marque, 
and gencrall reprisals against the shipps, goods 
and subjects of the States of the United Provin- 
ces, conformable to which our will and pleasure 
is, that you take and seize the shipps, vessells and 
goods, belonging to the said States, or any their 
subjects or inhabitants within any their territories, 
and to bring the same to judgement and condem- 
nation according to the course of admiralty and 
laws of nations, and these our Letters that you 
communicate to the rest of our Colonies your 
neighbours ; our pleasure being, that with all care, 
and application possible, they arm themselves 
against the dangers which threaten them in this 
conjuncture from such an enemy, and proceed ac- 
cording to these our directions, and such as they 
shall receive from our said dear brother, assureing 
them and all loveing subjects in those parts, that 
we shall not be wanting on our part, on all occa- 
sions to help and succour them, to the utmost of 
our power, and to contribute all possible means for 
the security and improvement of the trade and 
commerce. And so we bid you farewell. 

Given at our Court at White Hall, the third day 
of Aprill, in the twenty-fourth year of our Reigne. 
By his Majesties command, 

HILINGTON. 

These for our trusty and well beloved, the Gov- 
ernour and Councill, for our Colony of the Mas- 
sachusetts ; to be communicated to the other Col- 
onyes. 



Articles of Confederation. 71 



Articles of Confederation between ye Plantations 
under the Government of the Massachusetts, ye 
Plantation under the Govr'ment of Neiv Plim- 
oth, and ye Plantations under the Goverment of 
Connecticott. 

Whereas wee all came into these parts of Amer- 
ica, with one and ye same end and aime, viz. to 
advance ye kingdome of our Lord Jesus Christ, 
and to enjoy ye liberties of ye Gospell in purity 
wth peace, and whereas in our settling by a wise 
Providence of God, wee are further dispersed up- 
on ye sea costs and rivers yn was first intended, 
so yt wee cannot according to our desire wth con- 
venience comunicate in our government and ju- 
risdiction ; and whereas we are compassed with 
people of severall nations and strange languages, 
which here often may prove injurious -to us and 
our posterity, and for so much as the natives have 
formerly comitted sundry insolences and outrages 
upon severall plantations of ye English, and have 
severall times combined themselves ag'st us, and 
seeing by reason of our distance from England 
(our dear native country,) wee are hindered both 
from that humble way of seeking advise and reap- 
ing those comfortable fruits of protection which 
wee might otherwise well expect. Wee therefore 
do account it our duty as well as safety, to enter 
into a confederation for mutuall help and succor 
in all our future concernments, that as in nation 
and religion, so in other respects wee bee and con- 
tinue one according to ye tenure and true mean- 
ing of ye ensuemg articles. 

1. Wherefore it is agreed and concluded by and 
between ye parties or jurisdictions above named, 
and they doe jointly and severally by these pres- 



72 Articles of Confederation. 

ents agree and conclude, that they all bee and 
henceforth be called by the name of the United 
Colonies of New England. 

2. The said United Colonies for themselves and 
their posterities doe joyntly and severally hereby 
enter into a firm© and perpetuall league of friend- 
ship and amity, mutuall advise and succor upon 
all just occasions, both for preserving and propo- 
gating the truth and liberties of the Gospel), and 
for theire own mutuall safety and wellfare ; provi- 
ded notwithstanding, that the power of determin- 
ation of an offensive warr properly so called (so 
as to engage the Colonies therein) shall be in the 
severall Generall Courts of the aforementioned 
confederation. 

3. It is agreed if the plantations which at pres- 
ent are or hereafter shall be settled within ye lim- 
its of ye Massachusetts, shall be forever under ye 
Goverment of ye Massachusetts, and have pecul- 
iar jurisdiction among themselves as an entire 
body, and yt Plimoth and Connecticott each of 
them in all respects have the like peculiar jurisdic- 
tion and goverment within their limits, according 
to their respective Letters Pattents from his Ma'tie 
provided if no other jurisdiction shall hereafter be 
taken in as a distinct head or member of the conr 
federation, nor shall any other plantation or juris- 
diction in present being, and not already in com- 
bination or under ye jurisdiction of any of those 
confederates joyned in one juiisdiction without ye 
consent of ye severall General Courts of the 
above named confederates. 

4. It is allso agreed yt for the manageing and 
concluding of all affaires proper to, and concern- 
ing ye whole confederation, (not excepted ag'st in 
these articles) two comisioners shall be chosen by 
and out of each of these three jurisdictions, viz. 



Articles of Confederation, 73 

two for ye Massachusetts, two for Plimoth, and 
two for Connecticott, being all in church fellow- 
ship with us who shall bring full power from their 
Generall Courts to heare, examine and weigh and 
determine the same ; but if those six comissioners 
when mett shall not all agree, yt is concluded that 
any five of ye six agreeing shall have power to 
determine ye case in controversy ; but if five doe 
not agree, that then such propositions with theire 
reasons so far as they have been debated, be sent 
and reserved to ye severall Generall Courts, and 
if by all ye said Courts there be a concurrance in 
the matter so referred, then to be accordingly pros- 
ecuted by all ye confederates, and all their mem- 
bers. 

5. It is further agreed that the comissioners for 
ye United Colonies shall meete but once in three 
years, except in cases extraordinary, which meet- 
ings shall ever be on ye first Thursday in Septem- 
ber, and yt ye next meeting after the date of these 
presents, shall be at Plimouth which shall be ac- 
counted the first meeting, the second at Boston, 
ye third at Hartford, ye fourth at Boston, ye fifth 
at Hartford, and so the meeting will be but once in 
fifteen years at Plimouth, and double so often in 
the other Colonies, if the mean time some middle 
place be not found out and agreed on which may 
be comodious for all. 

6. It is further agreed, that at each meeting of 
these six comissioners, whether ordinary or extri- 
ordinary, they may chuse their President out of 
themselves, whose office and work shall be to take 
care and direct for order and comely carrying of 
all proceedings in the present meeting, but he shall 
be invested with no such power, by which he may 
hind'r the propounding or progresse of any busi- 

7 



74 Articles of Confederation. 

ness, or any wise cast the scales otherwise then in 
the present articles is agreed. 

7. It is also agreed yt the comissioners for this 
confederation hereafter at their meetings, whether 
ordinary or extraordinary, as they may have com- 
ission or opportunity, may consult off and propose 
to the severall Generall Courts to be by them al- 
lowed, and established, such orders in generall ca- 
ses of a civill nature wherein all the plantations 
are interested, for preserving peace among them- 
selves, and preventing, (as much as may be) all 
occasions of warr and differences with others, as 
about the free and speedy passage of justice in 
each jurisdiction, to all the confederates equally, 
as to their own, receiving those that remove from 
one plantation to another, how all the jurisdictions 
may carry it towards the Indians that they neither 
grow insolent, nor be injured without due satisfac- 
tion, lest warr break in upon the confederates 
through such miscarriage : It is also agreed, that 
if any servant run away from his master into any 
other of these confederated jurisdictions, that in 
such case upon ye certificate of one Magistrate in 
the jurisdiction out of which ye said servant fled, 
or upon other due proofe, the said servant shall be 
delivered either to his master or any other that 
pursues and brings such certificate or proofe ; and 
yt upon the escape of any prisoner whatsoever, 
or fugitive, for any criminall case, whether break- 
ing prison or getting from ye officer, or otherwise 
escaping, upon ye certificate of one Magistrate of 
ye jurisdiction out of w'ch the escape is made, 
that he was a prisoner or such an offender at the 
time of ye escape, the Magistrates or some of 
them of yt jurisdiction where for ye present the 
said prisoner or fugitive abideth, shall forthwith 
grant such a warrant as the case will bear, for the 






Articles of Confederation. 75 

apprehending any such person, and the delivering 
of him or her into ye hand of ye pursuer, and if 
help be required, it shall be granted, he paying 
charges yr of. 

8. It is further agreed, that for the disposeing of 
the Indian stock for the future, the chiefe of the 
comissioners in the severall Colonies being annu- 
ally as formerly, the comissioners of ye Massa- 
chusetts with such others shal be present, or any 
three of the comissioners yearly at Boston or else- 
where as they shall agree, and at the usuall time, 
they may doe any act for the managing and order- 
ing of yt affaire as though all the comissioners 
were present, and what they shall doe herein, they 
shall keep a true record thereof, and transmitt the 
account of ye same from time to time, to the tri- 
ennial meeting of ye comissioners. 

9. It is also by these confederates agreed, that 
the charge of all just warrs, whether offensive or 
defensive, upon what part or member of this con- 
federation soever they fall, shall both in men, pro- 
visions and all other disbursments, be borne by all 
the partys of the confederation, in different pro- 
portions, according to their different abilities, that 
the rule for proportioning men and raising of mon- 
eys for the defraying of such charges as may from 
time to time arise upon any warr, defensive or of- 
fensive, begun and carryed on according to the ar- 
ticles of confederation, shall as followeth : — The 
Massachusetts one hundred, Plymouth thirty, Con- 
necticot sixty, this rule to continue for fiveteen 
years next coming, after ye begining of ye meet- 
ing of the comissioners, to be held at Plimouth in 
September next ; and then if any one or more of 
ye confederates shall apprehend ye above said pro- 
portion to be unequall, ye matter shal be again 
considered by ye comissioners, and w't they shall 



76 Articles of Confederation. 

agree upon, shall be presented to the severaH 
Generall Courts for their acceptance and confir- 
mation, (each jurisdiction or plantation being left 
to their own just course and custome of rateing 
themselves and people,) and that accr. to ye dif- 
ferent charge of each jurisdiction and plantation 
ye whole advantage of the warr, (if it please God 
to bless their endeavours,) whether it be in lands, 
goo :1s, or persons, shall be proportionally divided 
among the said confederates. 

10. It is further agreed, yt if any of these juris- 
dictions, or any plantation under them be invaded 
by any enemy whomsoever, upon any notice or 
request of any three Magistrates of yt jurisdiction 
so invaded, ye rest of ye confederates without 
any further meetin or expostulation, shall forth- 
with send aide to the confederate in danger ; but 
in different proportions, viz : ye Massachusets one 
hundred men sufficiently armed and provided for 
such a service and expedition ; Plimouth thirty 
men so armed and provided ; and Connecticott 
sixty men so armed and provided, or any lesse 
number, if lesse be required, accr. to this propor- 
tion : but if such confederate in danger may be 
supplied by the next confederate, not exceeding 
ye number hereby agreed, they may crave help 
there, and seek no further for the present, the 
charge to be borne by the severall Colonyes, accr. 
to their proportions abovesaid ; and at theire re- 
turne to be victualled and supplyed w'th powder 
and shott (if there be need) for their journey yt 
jurisdiction yt imployed or sent for them, but in 
any such case of sending men for present aide 
whether before or after such order or alteration, it 
is agreed yt at ye meeting of ye comissioners for 
this consideration, ye cause of such warr or inva- 
sion be duly considered, and if it appear yt ye 



Articles of Confederation. 77 

fault lay in ye party so invaded, yt then yt juris- 
diction or plantation make just satisfaction both to 
ye invaders whome they have injured, and beare 
all ye charges of the warr themselves, without re- 
quiring any allowance from ye rest of the confed- 
erates towards the same. 

11. And for yt ye justest war may be of dan- 
gerous consequence, especially to the smaller plan- 
tations in these United Colonies : it is agreed yt 
nether ye Massachusets, Plimouth, nor Connecti- 
cott, nor any of ye members of any of them, shall 
at any tyme hereafter begin, undertake or ingage 
themselves, or this confederation in any war 
w'soever (suddain exigencies w'th the necessary 
consequences thereof excepted, which are also to 
be moderated as much as the case will permitt,) 
without ye consent of ye severall Generall Courts 
of ye United Colonyes. 

12. It is also agreed, yt in case of any suddain 
exigences, or other weighty occasion, requiring ye 
meeting of the comissioners before the ordinary 
tyme, the Governor or any three Magistrates of 
any the confederate jurisdictions, may sumon a 
meeting of ye comissioners, briefly signifying ye 
occasion thereof, and ye time and place of ye 
meeting, which shall be accordingly attended by 
ye comissioners of all ye confederate jurisdiction ; 
and when met, they may adjourne to any other 
tyme or place as they shall see meet. 

13. It is also agreed, for ye settling of vaga- 
bonds and wandering persons, removing from one 
Colony to another, to ye dissatisfaction and bur- 
then of the places, where they come, as dayly 
experience sheweth us ; for ye future it is order- 
ed, yt where any person or persons shal be found 
in any jurisdiction to have had there abode for 
more yn three months, and not warned out bv ye 

7* 



78 Articles of Confederation, 

authority of ye place, and in case of ye neglect 
of any person so warned, as above'sd to depart, 
if he be not by ye first opportunity yt the season 
will permitt, sent away from constable to consta- 
ble, to ye end he may be returned to ye place of 
his former abode ; every such person or persons, 
shall be accounted an inhabitant where they are 
so found, and by them governed and provided for, 
as their condition may require ; and in all such 
cases the charges of the constables to be borne 
by the Treasurer, where such constables do dwell. 

14. It is agreed, yt if any of ye constables shall 
hereafter break any of these present articles, or 
be any other way injurious to any of ye confede- 
rate jurisdictions, such breach of agreement or in- 
jury, shal be duly considered ordered by ye com- 
issioners for ye other jurisdictions, yt both peace 
and this present confederation may be preserved 
wth'out violation. 

15. Ffinally, whereas in ye former articles 
agreed upon May 29, 1643, for the confederation 
of the United Colonies above named, New Haven 
is therein mentioned, and was owned as a distinct 
confederate, and is by these included and consid- 
ered as one with Connecticott ; ye above'sd union 
shal be always interpreted as by their own con- 
cession and not otherwise. 

Now whereas for many years past, upon divers 
good considerations, there was a confederation 
agreed upon, by ye antient English Colonies, un- 
der his Ma'ties authority in New England for mu- 
tuall help, and defence, as also for ye better main- 
teyning his Ma'ties interest ag'st any opposition- 
or intrusion of the barbarous natives and others, 
as appeareth by articles that were agreed upon, in 
ye year 1643, and upon record to be seen ; where- 
by ye said Colonyes have been so united, as hath 



Articles of Confederation. 79 

proved very beneficiall to all his Majesties sub- 
jects in these parts, for their peace and security ; 
and whereas the severall Generall Courts of ye 
said Colonyes, have seen cause to renew the said 
confederation with some necessary alterations and 
addition to ye s'd articles, as is more fully exprest 
in ye articles above written : and also whereas ye 
Generall Court for ye Massachusetts Colony by 
their comission, dated in Boston Aug'st 30, 1672, 
have nominated Thomas Danforth Esqr., and 
Majr. William Hathhorne Esqr. their comissioners, 
investing them with full power and authority to 
signe, ratifie and confirme ye above recited arti- 
cles of confederation ; and in like manner ye 
Generall Court held at Plimouth June 5, 1672, 
have nominated Thomas Prence Esqr., and Majr. 
Josiah Winslow Esqr., investing them with like 
power, and ye Generall Court of Connecticott 
Colony, held at Hartford, May 9, and June 26, 
1672, have in like manner nominated John Win- 
throp Esqr., and James Richards Esqr., investing 
them with like power, the above'sd comissioners 
being assembled at Plimouth, Sept. 5, 1672, have 
read and examined these above written articles ; 
doe accr. to their s'd comission, and by virtue 
thereof, clearly and absolutely ratifie and confirme 
the same for the re-establishing of a perpetuall 
confederation between the above named Colo- 
nyes, as was ye declared intention of the former 
articles : in confirmation whereof the comission- 
ers above named, by the authority granted them 
from their severall Generall Courts, and in their 



80 Establishing a Post, fyc. 

name and stead, have hereunto subscribed their 

hands, in Plimouth. 

THOMAS DANFORTH, 
WM. HATHORNE, 
THO. PRENCE, 
JOSIAH WINSLOW, 
JOHN WINTHROP, 
JAMES RICHARDS. 
September 5, 1672. 



A general Court held at Hartford, October 8, 1674. 

This Court being made sensible of the great 
damage that might accrue to the publique, by a 
liberty or boldness which some persons may take 
to themselves (when employed by order of author- 
ity for the conveyance of letters, post and other 
important occasions of this colony) by profuse and 
extravigent spending at the ordinaries and other 
places on the road upon the countryes account, 
and also by great delayes on journeys, very pre- 
judicial! to the colony, which willing to prevent, 
doe therefore order that the allowance for those 
persons (who shall be employed on such services) 
for their wages and expences of themselves and 
horses, shall be as followeth, from the first of May 
to the middle of October : — 

From Rye to Hartford, the horse hyer twelve 
shillings, the man and expences, twenty, all, is one 
pownd twelve shillings. 

From Greenwich to Hartford, the horse hyer 
ten shillings sixpence, the man and expences sev- 



Establishing a Post, fyc. 81 

enteen shillings, all, one pound seven shillings and 
sixpence. 

From Standford to Hartford, the horse hyer 
ten shillings, the man and expences, sixteen shil- 
lings, all, is one pownd seven shillings. 

From Norwalk to Hartford, the horse hyer nine 
shillings, the man and expences fifteen, all, is one 
pownd fower shillings. 

From Fayrefield to Hartford, the horse hyer 
eight shillings, the man and expences, thirteen 
shillings sixpence, all, is one pownd one shilling 
and sixpence. 

From Stratford to Hartford, the horse hyer 
seven shillings, the man and expences twelve shil- 
lings, al, is nineteen shillings. 

From Milford to Hartford, horse hyer six shil- 
lings, the man and expences, ten shillings, all, is 
sixteen shillings. 

From New Haven to Hartford, the horse hyer 
five shillings, the man and expences eight shillings 
sixpence, all, is thirteen shillings sixpence. 

From Wallingford to Hartford, the horse hyer 
fower shillings, the man and expences six shillings, 
all, is ten shillings. 

From Branford to Hartford, the horse hyer five 
shillings, the man and expences, eight shillings, all, 
is thirteen shillings. 

From Guilford to Hartford, the horse hyer five 
shillings, the man and expences eight shillings, all, 
is thirteen shillings. 

From Kenilworth to Hartford, the horse hyer 
five shillings, the man and expences eight shillings 
sixpence, all, is thirteen and sixpence. 

From Saybrook to Hartford, the horse hyer five 
shillings, the man and expences eight shillings six- 
pence, all, is thirteen shillings and sixpence. 

From Lyme to Hartford, the horse hyer five 



82 Establishing a Post, fyc. 

shillings, the man and expences eight shillings six- 
pence, all, is thirteen shillings sixpence. 

From New London to Hartford, the horse hyer 
eight shillings, the man and expences eleven shil- 
lings, all, is nineteen shillings. 

From Stoneington to Hartford, the horse hyer 
nine shillings, the man and expences thirteen shil- 
lings sixpence, all, is one pownd two shillings 
sixpence. 

From Norwich to Hartford, the horse hyer six 
shillings, the man and expences eight shillings, all, 
is fourteen shillings. 

From Haddum to Hartford, the horse hyer 
fower shillings, the man and expences six shillings, 
all, is ten shillings. 

From Middletown to Hartford, the horse hyer 
two shillings, the man and expences fower and 
sixpence, all, is six shillings sixpence. 

From Wethersfield to Hartford, the horse hyer 
sixpence, the man and expences one shilling, all, 
is one shilling sixpence. 

From Windsor to Hartford, the horse hyer one 
shilling, the man and expences one shilling six- 
pence, all, is two shillings sixpence. 

From Farmington to Hartford, the horse hyer 
One shilling sixpence, the man and expences two 
shillings sixpence, all, is fower shillings. 

From Sims bury to Hartford, the horse hyer one 
shilling sixpence, the man and expences two shil- 
lings sixpence, all, is fower shillings. 

From Windsor to Springfield, the horse hyer 
three shillings, the man and expenGes fower shil- 
lings sixpence, all, is seven shillings sixpence. 

And from the middle of October to the last of 
April, to be eight pence more than the above for 
every night they lye out, for oates to the horses, 
wherein great care is to be had by the ordinary 



Preparations to oppose an Invasion. 83 

keepers, that hyered horses are not deprived of 
their allowance. 

Alsoe the difference in the above said sumes, is 
to be the stated wages from towne to towne, if 
they goe not to Hartford, and the like proportion 
by the mile, to those whoe shall be imployed in 
this colony where their wages js not stated. 

It is further ordered, that all Posts, their Ferridg 
shall be on the country account, and that the ordin- 
ary keepers in the plantations shall provide suit- 
able accommodations for men and horses, whose 
allowance for the men by the meale, shall be six- 
pence, and for the horse at grass, fower pence a 
night, and oates, fower pence the half peck, and 
for hay the night, fower pence. 

It is alsoe ordered, that whosoever upon these 
tearms shall unnecessarily stop, or detayne his 
journey, forth or back, or shall be necessarily 
stopped or detayned by authority or other just 
occasion, such person or persons shall have pen- 
alty, or receive recom pence extraordinarily, as 
the authority who sent them shall judg right to be 
abated or augmented in his wages. 



At a session of the Gerfll Court, held at Hartford, 
by the Governors speciaH order, August 7, 
1673. 

Whereas, there is at present a great appearance 
of danger towards this colony, by the approach of 
the Dutch, for our own safety and defence, till the 
Gen'll Court in October next, it is now ordered by 
this Court that the Committee hereafter named, 



84 Preparations to oppose an Invasion. 

viz : — the Governor and assistants, Capt. Benj. 
Newbery, Mr. Giles Hamlin, Mr. William Wads- 
worth, Capt. Wm. Curtice, Lieut. Wm. Fowler, 
Lieut. Tho. Munson, are hereby empowered to 
act as the Grand Committee of this colony, in es- 
tablishing and commissionating of military officers, 
in pressing of men, horses, ships, barques or other 
vessells, amies, ammunition, provision, carriages 
or whatever they judg needful for o'r defence, 
and to manage, order, and dispose of the militia 
of the colony in the best way and maner they 
can for o'r safety. The Governor, or in his ab- 
sence, the Dept. Governor are hereby impowered 
by their sumons to convene the said Committee, 
who being assembled, the said Committee, or the 
major part of them assembled, are informed as 
afoarsayd. It is ordered by this Court, that the 
severall and respective troops in this colony, with 
five hundred dragoones be prepared and fitted for 
service forthwith, and that all the traine bands in 
the severall plantations, with their arms and am- 
munition be ready for service, and the military 
officers of the severall companies, to see their 
companies completed as afoarsayd, upon the sev- 
erall penalties exprest in the military lawes, the 
dragoones are to be raysed upon the countys as 
followeth: of Hartford county, one hundred and 
sixty ; of New Haven county, one hundred and 
twenty; of Fayrefield, one hundred and twenty; 
of New London, one hundred. 

It is allso ordered by this Court, that in case of 
the approach of an enemy in any towne within 
this colony, the Governer or Dept. Governer and 
Grand Committee, appoynted by the Court, so 
many of them as are present, before they departe, 
shall appoynt such sufficient ayde, to defend any 
place as shall be assaulted, with such ayde as they 



Preparations to oppose an Invasion. 85 

thinke fitt, which is to be in readiness at an 
hovvers warning, for a march upon the call of the 
chief officer of any county. 

In case any forces should be sent out of the 
county of Hartford for the relief of another county, 
this Court appoynts Benjamen Newbery, Capt. ; 
Nicholas Olmstead, Lvt. ; John Wadsworth, En- 
signe. 

For the county of New London and such forces 
as shall be called out of that county, James Avery 
is appointed Capt. ; Tho. Tracy, Livetenant ; John 
Denison, Ensigne. 

For the county of New Haven, Mr. Robert 
Treat, Capt. ; Tho. Munson, Livetenant ; Sam'll 
Newton, Ensigne. 

For the county of Fayrefield, Mr. Tho. Fitch, 
Capt. ; Jehue Burr, Livetenant ; Mathew Sher- 
wood, Ensigne. 

Capt. John Tallcott is chosen Major for the 
county of Hartford. 

Capt. Robert Treat is chosen Major for the 
county of New Haven. 

Capt. Nathan Gold is chosen Major for the 
county of Fayrefield. 

This Court appoynted Mr. James Richards and 
Mr. Roswell, forthwith to goe to New York with 
the letter which this Court hath prepared, and 
present the same to the Commander-in-chief of 
the Manhatoes, and to receive their answer, and 
what their intentions are : and in case Mr. Ros- 
well should by any providence be hindered attend- 
ance, Major Robert Treat is to supply the place 
of Mr. Roswell. 

The letter read in Court, drawn up to be sent 

to the Commander-in-chief of the Dutch fleet, 

rideing in Hudsons river, at New Yorke, this Court 

orders that it be signed by the Secretary, in the 

8 



86 Preparations to oppose an Invasion. 

name and by order of the Governor and Genii 
Assembly.* 



Grand 
Committee. 



The Grand Committee for the ordering of the 
Militia, mett at Hartford, August 11, 1073. 

John Winthrop, Esqr. Govr. 
Wm. Leet, Esqr. Dept. Govr. 
Mr. Sam'll Willys, 
Major John Tallcott, 
Mr. Henry Wolcott, 
Mr. John Allyn, 
Mr. Wm. Wadsworth, 
Capt. Benj. Newbery, 
Capt. Tho. Munson. 

Whereas, the Genii Court hath ordered that 
five hundred Dragoones be forthwith raysed, to 
be ready upon one howers warning to defend any 
place in this colony, assaulted by an enemie, and 
have ordered that the forces raysed, shall be under 
such comanders as they have appoynted; the 
Grand Committee for the militia, being mett this 
day, ordered that the constables of the respective 
plantations, shall forthwith repayre to the cheife 
commander of theire traine bands and choose so 
many meet persons as they are appoynted too, 



*On the 30th of July, a small Dutch fleet, under the Com- 
mand of Commodores Cornelius Evereste and Jacob Benkes, 
arrived at New York. One John Manning, who commanded 
the fort and Island there, treacherously delivered them up to 
the enemy without firing a gun, or attempting the least re- 
sistance.— Trum. Hist. Con. Vol I. p. 323. 



Preparations to oppose an Invasion. 8? 

that they may be in readiness fitted according to 
this followeing order, upon an howers warning to 
march under the conduct of theire cheife com- 
manders hereafter named, to defend any place 
assaulted as aforesayd. 

The proportion of dragoones for Hartford coun- 
ty, is one hundred sixty three, under the command 
of Benj. Newbery, Capt. ; Nicholas Olmstead, 
Lvt. ; John Wadsworth, Ensigne : — Hartford, 
forty fower ; Windsor, thirty eight ; Wethersfield, 
thirty ; Farmington, twenty two ; Midletown, 
thirteen; Haddum, nine ; Simsbury, seven ; totall, 
163. 

The proportion of dragoones for New Haven 
county under the conduct of Major Robt. Treat, 
Thomas Munson, Lvt. ; Sam'll Newton, Ensigne ; 
is, New Haven, fifty one ; Milford, thirty ; Paw- 
gaset, three ; Guilford, nineteen ; Brandford, nine ; 
Wallingford, eight ; totall, 120. 

The proportion of Fayerefield county, under 
the conduct of Tho. Fitch, Capt. ; Jehu Burr, 
Lvt. ; Mathew Sherwood, Ensigne ; is, Fayrefield, 
thirty eight ; Stratford, thirty three ; Standford, 
twenty fower ; Greenwich, eight ; Norwalk, 
seventeen, Rye, being near is excused; totall, 
120. 

The proportion for New London county, under 
the conduct of James Avery, Captaine ; Thomas 
Tracey, Leivtenant; John Denison, Ensigne; is, 
New London, twenty six ; Stoneington, nineteen ; 
Lyme, tenn ; Saybrook, seventeen ; Kenilworth, 
eleven; Norwich, seventeen; totall, 100. 

It is ordered that each dragone be provided 
with a good sword and belt, and serviceable mus- 
kett or kirbine, with a shot powch and powder 
and bullitts, viz : one pownd of powder made into 
cartiriges fitt for his gunn, and three pownd of 



88 Preparations to oppose an Invasion. 

bulletts fitt for their gunns, or pistoll bulletts and 
a horss to expedite their march. 

It is allso ordered, that the place assaulted, 
where the forces raysed are sent for to come, 
are to provide quarter for the soldiers they send 
for. 

It is also ordered, that the cheife officer in each 
county, upon any assault made upon them by an 
enemie, are hereby empowered to call in ayde 
from the rest of the counties for theire assist- 
ance. 

It is allso ordered, that the officers, raysed in 
the counties of New Haven, Fayrefield and New 
London, doe prepare a halfe pike for each of their 
dragoones. 

It is allso ordered, the commission officers of 
the dragoones in each county, are hereby impow- 
ered to appoynte Sarjants and inferior officers for 
their respective companies. 

The Committee for the militia, doe hereby ap- 
poynt Mr. Simeon Woolcott and John Griffin, to 
be those that shall command the traine band of 
Simsbury for the present, and untill the Generall 
Court order otherwise ; or the people there make 
there choyse. 

It is allso ordered, that the dark of each county 
is appoynted to send coppyes hereof, forthwith 
into each town within their respective counties. 

It is allso agreed, that the Committee shall 
meet every day, about sunn two howers high, till 
farther order be given. 

A General Caurt held at Hartford, Oct. 9, 1673. 

A certificate from New Haven, Oct. 8, under 
the selectmens hands, certifying they were fur- 
nished with powder and bulletts according to 
lawe. 



Letter to Commander of Dutch Fleet. 89 

A certificate from Milford, dated October, 1673, 
signify ed their Townes being furnished with pow- 
der and bulletts according to law. 

A certificate from Windsor, October 8,- 1673, 
certifyed their stock of powder was 300 : bullett 
700. 



Copy of a Letter to the Commander of the Dutch 
Fleet at New York. 

Hartford, August 7th, 1673. 

Sr — Although we have heard of yo'r actions 
at Yorke, yet because the chief trust of those 
parts did reside in other hands, from whom you 
have too sudainly supiprzed it, we made it o'r bu- 
siness to attend what was devolved upon o'rselves 
that way nextly, yet we understanding you con- 
tent not yo'rselves with what you have already ta- 
ken, but demand submission of the people, his 
Majesty's subjects, seated on Long Island eastward 
beyond Oister Bay ; and have seised a vessel of 
Mr. Sillicks, one of o'r people, near one of o'r 
Harbours; we have therefore sent Mr. James 
Richards, and Mr^ William Roswell, to know your 
further intentions ; and we must let you know yt 
we and o'r confederates, the United Colonies of 
New England, are by our Royall Soveraign, 
Charles the second, made keepers of his subjects 
liberties in these parts, and doe hope to acquit o'r- 
selves in that trust, through the assistance of Al- 
mighty God, for the preservation of his Majesty's 
Colonies in New England — Which is all at the 
8* 



90 Answer to preceding Letter, 

pr'sent represented to you, from the Govern'r and 
Gen'll Assembly of the Colony of Connecticutt. 
Signed pr their order pr me, 

JOHN ALLYN, Secretary. 

For the Commander in Cheife of the Dutch 
Fleet, rideing in Hudsons River at New Yorke. 



Reply of the Dutch Como&ore to the foregoing 
Letter. 

In Fort WilVm Hendrike,this 24 Aug% Ano. 1673, 

Sr — To answer yo'r letter of the 7th Aug't, 
which was delivered unto us, we say, that we are 
sent fourth by the high and mighty Lords, the 
States Gen'll of the United Netherlands, and his 
serene highnes the Lord Prince of Orrange, to doe 
all manner of dammage unto the enemyes of the 
said high and mighty Lords, both by water and by 
land, from which cause we being come heere into 
Hudsons River, have brought the land and Forts 
within the same und'r o'r obedience, and in regard 
the villages lying to the eastward of Oyster Bay 
did belong to this Govem'nt, soe it is that to 
prevent all inconveniencyes, we have cited the 
same to give the oath of fidelity, in which if they 
remaine defective, we are resolved to force them 
with the armes, likewise allso we shall not be 
afraid to goe against those that shall seeke to 
maintaine the said villages in their injustis : con- 
serning the vessell that is taken by us close by yo'r 
havens, their is no other consideration but that it 



Committee to make laws for Pequot Indians. 91 

was taken from o'r enemyes ; wherefore it ap- 
pears very strange before us, that we should be ob- 
jected against conserninge it ; wee doe well be- 
lieve that those that are set for keepers of his Ma- 
jesty of Englands subjects will quitt themselves as 
they ought to doe for ye preservation of the Colo- 
nyes in New England, however we shall not for 
that depart from o'r firme resolutions. We con- 
ceive we have heerwith answered yo'r letter — 
Thus don in the place as above. 

By ord'r of the Comand'r and Counsell of Warr. 
N. BAYARD, Secretary. 



At a Court of Election held at Hartford May 
13th, 1675. — This Court having considered Robin 
Cassacinamons petition, doe nominate, appoynte 
and impower the Dept. Governor Maj'r Talcott, 
and the rest of the assist's here to be a committee 
in the name of this Court, to draw up a commis- 
sion for Robin and Herman Garrata for the gov- 
erning of the Pequot Indians, and to appoynt them 
some under officers, and to give them some order 
w'th some penalties annexed for prevention of 
their haveing or worshiping any falls Gods, profa- 
nation of the Sabboth, for not attending the Lec- 
tures of Mr. Fitch amongst them according to his 
appoyntment, for theft and drunkenness &c, and 
to impower him in case of difficulty, to repayre 
to Mr. Thomas Stanton and Lieut. Avery for 
counsell, advice and assistance, as the difficulty 
shall require, and to order Robin some small al- 
lowance for his goverment to be raysed upon his 
people. 



92 Laws for Pequot Indians. 

Whereas in answer to Robbin Casacinnamons 
petition presented to the Generall Court of Con- 
ecticott 13th last, an order and appoyntment was 
by the sayd Court made and recorded to desire 
and authorize the Dept. Governor, Maj'r John 
Talcott, with such other of the assistants as could 
attend, to draw up some lawes and orders for the 
present well governing of the Pequitt Indians, that 
were captives to the English Colonyes in generall, 
and were by their commissioners put under the 
Government of this Colony, to be both ruled and 
accomodated by them suitably, these ensueing or- 
ders and lawes, (were by those appoynted) made 
and sent unto them, viz : 

1st. That for as much as the sayd Robbin Cau- 
sacinnamun hath appeared to be faythfull in his 
trust under the com'rs, and hitherto under this 
Goverment : It is agayne ordered and appoynt- 
ed that he be still continued in the place of Chiefe, 
Deputy or principle officer amongst and over all 
those Indians, who had beene put under him for- 
merly, and that Daniel shall be his second or 
chiefe counsellor, to assist him in well governing 
of them. 

In like maner shall Herman Garrata be princi- 
pall officer over those so put under him, and Mom- 
ohow shall be his second or chief counsellor, and 
their lawfull commands are duely to be obeyed 
and observed by all the Indians respectively. — 
And for their encouragement and support in their 
faythfull discharge of that duty and trust ; each 
Indian man, above sixteen years of age, shall 
yearly pay unto the principall officer to which he 
belongs the sum of five shillings in currant Indian 
pay; but Daniel shall have a third part of Rob- 
bins rate, and Momohow, such part of Harmon 
Garrattas rate. 



Laws for Pequot Indians. 93 

2. That there shall be two constables in each 
respective place or Township of Indians, where 
the principle officer dwells, and there to be the 
place of all the Indians setled residence and habi- 
tation, unless for some time about their necessary 
occasions for fishing, planting or hunting, they 
may be absent and remove their wigwams in the 
proper season for those occasions : and then re- 
turn again to dwell in the Town to which they doe 
belong; such constables are to be chosen by the 
principall officer and his councill, (consisting of 
three or fowre of the most sober and discreet men 
of the Towne, chosen with the approbation of 
those appoynted by the Court to counsell them,) 
and being so chosen, a stafe shall be delivered to 
him as the signe of his office and power, and to 
give notice to the people to obey and assist him 
in the execution of his office, whose office it is to 
attend all the lawfull commands of their respec- 
tive principalis in prosecution of justice against 
debtors or delinquents, by disorder or miscarriage, 
so allso he is to attend the commands or warrants 
from any of o'r English Magistrates ; he is like- 
wise required and impowered of himselfe to keep 
the peace and good order, and prevent the contra- 
ry in all cases and upon all occasions, so farr as it 
comes to his knowledge, or can find out. 

Laivs for the said Indians to observe. 

1. That whosoever shall oppose or speake 
against the onely liveing and true God, the crea- 
tor and ruler of all things, shall be brought to 
some English Court to be punished as the nature 
of the offence may require. 

2. That whosoever shall powaw or use witch- 



94 Laws for Pequot Indians, 

craft or any worship to the Devil], or any falls 
God, shall be so convicted and punished. 

3. That whosoever shall profane the holy Sab- 
bath day by servill work or play, such as chopping 
or fetching home of wood, fishing, fowling, hunt- 
ing <fec, shall pay as a fine tenn shillings, halfe to 
the cheife officers, and the other halfe to the con- 
stable and informer, or be sharply whipt for every 
such offence. 

4. Whosoever shall committ murder or man- 
slaughter, shall be brought to Hartford goale, and 
be tryed by the Government according to the En- 
glish Law, which punisheth by death. 

5. Whosoever shall committ adultery by lying 
with another mans wife, or to have or keep, her 
from her husband, shall be imprisoned and tryed 
and punished with a fyne of forty shillings for ev- 
ery offence, and so in the case of the adultresse ; 
the sayd fine to be distributed as before. 

6. Whosoever shall steale, shall restore double 
to his neighboure for what he hath taken, when 
convict before their officer and councill, and pay 
the constable two shillins sixpence for his paynes 
about executing the law. 

7. Whosoever shall appeare, and prove to be 
drunk amongst them, shall pay tenn shillings or be 
whipt as the officers shall see meete, and the fine 
divided as before in the law about Sabbath break- 
ing ; in like manner shall it be done to such Indi- 
ans as doe bring the liquors or strong drinke 
amongst them. 

8. It is ordered that a ready and comely at- 
tendance be given to heare the word of God 
preached by Mr. Fitch, or any other minister sent 
amongst them. The cheife officers and consta- 
bles are to gather the people as they may, and if 
they be refractory and refuse, or doe misbehave 



Laws for Pequot Indians. 95 

themselves undecently, such shall be punished 
with a fine of five shillings, or be corporally pun- 
ished as the officers shall see most meet. 

9. If the officers shall neglect in any of the 
premises to doe their duty, they shall receive 
double punishment, when convict thereof in any 
of our English Courts. 

10. But whosoever shall either affront the prin- 
cipal! officer, or refuse to assist the constable in 
the due execution of his office, shall pay for each 
affront so given, ten shillings, and for such refusall 
to assist the constable, five shillings. 

Mr. Thomas Stanton Sen'r, and Lieutenant 
James Avery, were appoynted and desired to give 
them advice and help in all cases of difficulty, for 
the well management of their trust and affayres, 
to whome they are in all such cases to repayre. 

WM. LEET, Dept. Governor, 

SAMUEL WILLYS, Assist. 

JOHN TALCOTT, Assist. 

JOHN ALLYN, Assist. 

JAMES RICHARDS, Assist. 
Dated in Hartford, May 31, 1675. 

To Hermon Garrata to cause to be published to 
the people of his plantation, and the rest under 
his Goverment. 

The tenn articles were faythfully published to 
Robin Harmaysun, Monohor, the Naragansett 
Sunk Squaw* and her councill being present, at a 
great concourse amongst the Pequitts, the forepart 

* A Queen or Lady of distinction. 



96 Letter from Charles II. 

which respects Robins own interest was served 
and desired by Robin not to be published as yet. 
pr. JOHN STANTON. 
Capt. Avery, and Lieutenant Minor being pre- 
sent as witnesseth their hands. 

JAMES AVERY, 
THO. MINOR. 
The 24th January, 1675.* 



A letter from his Majesty, Charles 2d, in relation 
to the case of William Harriss. 

Charles R. 

Trusty and well beloved, we greet you well : — 
Whereas our subject, William Harriss, planter, in 
the colony of Rhoad Island, did by his humble 
Petition presented to us in council!, set forth, that 
he and twelve others his partners, near forty years 
since, purchased from certain Indians, a parcell 
of land, called Patuxett, and peaceably enjoyed 
the same for severall years, till they were disturb- 
ed by some of our English subjects of the town 
of Providence, but that the difference between 
them, being put to an award, the determination 
was given in favor of the Petitioners, and they 
accordingly remained in quiet possession, and 
held the same for several years, untill it happened 
that three of the said partners having a mind to 
breed disturbance, and pretending title to the land 
in virtue of another purchase, which they made 
from Indians who had more right, as they alledged, 

*1676, according to the present mode of dating. 



Letter from Charles II 97 

then the former, these men impleaded the petition- 
ers in our Colony of the Massachusetts, but upon 
a fair tryall by jury, he had a verdict given in his 
favour, and did accordingly for some years after 
remain in quiet possession, that after this the said 
three persons being restless and of unquiett spir- 
itts did bring on fresh troubles to the petitioners 
on the same account, so the matter being put to an 
award, and arbitrators being equally chosen out 
of the Colony of the Massachusetts, and that of 
Rhoade Island, for the greater solemnity of the 
determination, the petitioner and his partners did 
againe receive a sollemn award in their favour, 
and they did accordingly remain in quiet posses- 
sion of the premises for above twenty years after, 
but about the year 1663, one John Hazzard and 
two others, who had fled from the Province of 
Connecticott, coming with pretence that they had 
made a purchase of the petitioners land, from som 
Indians who had right to sell, they entered on a 
great part of the petitioners lands by force, and the 
petitioner impleaded them at Law, and having ob- 
tained a verdict and judgement, it yett so happen- 
ed by means of severall factions and parties which 
they have made to withstand justice, that they re- 
sisted ye execution of that judgement, and for 
pretences only, alledged that our commissioners 
being then there, did promise them to reheare all 
the matter in difference, when they returned into 
the said Colony, which our commissioners never 
did ; the petitioner hath also further sett forth, that 
besides all the said mollestations, he had been fre- 
quently disquieted, sometimes by the pretensions 
of the Towne of Warwick, sometimes by the 
Towne of Providence, in the Colony of Rhoade 
Island, sometimes by two parties of men belong- 
ing to the Colony of* the Massachusetts, and lastly 
9 



98 Letter from Charles II. 

by a party of men belonging to the Colony of New 
Plimouth, all of them in severall times pretending 
purchasses made from different Indians, who had 
right to sell, whereas the petitioners setts forth, 
that as he and his partners were the first purchas- 
sers and tooke care to derive their title from the 
chief Indians, who were then in actuall possession 
of the premises, so he remained quiett in his pur- 
chase, for about seven years after, till the improve- 
ments made by him and his partners on the prem- 
ises, more than any foundation of right, tempted 
others to desire and invade their possession, upon 
all which representations of troubles, the petition- 
er having implored our Royall protection, and that 
we would order the Governours of each of those 
Colonyes which are bounding with Rhoad Island, 
and whose inhabitants contribute to this distur- 
bance to give their ayd and assistance towards the 
quieting of this matter, and that the Governours 
might in pursuance of our Royall orders, agree 
amonge themselves to depute some able, honest, 
and indifferent persons to hear all difterencies, and 
to appoint a jury equally chosen out of the respec- 
tive Colonies, in order to quiett them, in the pos- 
session of their said lands of Patuxitt, if in justice 
they appear to have right thereunto, and we hav- 
ing refered the examination of this matter to our 
committee of trade and plantations, and they after 
examination of the matter, having reported to us, 
that the petitioner and his partners are very fit ob- 
jects of our Royall care and protection, wee are 
therefore in compassion to their long and many 
sufferings, graciously inclined to order them re- 
dress in the most speedy and effectuall way that 
can be proposed, and our will and pleasure is, and 
wee doe hereby command you the Governour of 
our Colony of Connecticott, to appoint som able, 



Letter from Charles II. 99 

honest and indifferent persons to joyn with such 
others as shall be appointed by the other respect- 
ive Governours of our said Colonies to whome 
we shall also send our command in this behalfe, 
and that you give them full and sufficient authori- 
ty to cause the differences and troubles arising to 
the petitioners and his partners concerning the land 
of Patuxitt to be brought to a fair tryall, and that 
by a just and indifferent and upright jury to be in 
like manner appointed, that all may be finally de- 
termined according to justice and without delay, 
and of your proceedings herein, to send us an ac- 
count with all convenient speed, and so wee bid 
you farewell — Given at our Court at Hampton, 
the 4th day of August, 1675, in the seven and 
twentieth year of our Reigne. 

By his Majesties command, 

J. WILLIAMSON. 

To our trusty and well beloved, John Winthrop, 
Esqr., Governour of our Colony of Connecticott, 
and to our Governour or Governours there, for the 
time being. 



A Letter from his Majesty Charles 2d, for the ap- 
prehension of Nathaniel Bacon, the instigator 
and head of a Rebellion in Virginia. 

Charles R. 

Trusty and well beloved, wee greet you well, 
wee doubt not but you have heard of the disor- 
ders in our Colonv of Virginia, raised and contin- 



100 Letter from Charles II. 

ed by Nathaniell Bacon the younger, who hath 
made himself the head and leader of a rebellion 
there, to the great detriment of that Colony, and 
the danger of others, near adjoyning thereunto, 
having confidence therefore in your loyalty, and 
that you abhor such desperate and treasonable ac- 
tions, and to prevent the contagion of so bad an 
example in other Colonies upon that tract belong- 
ing to our Crowne ; wee have thought fitt to sig- 
nifie our pleasure unto you, and hereby to require 
that if the said Nathaniel Bacon, or any of his ac- 
complices in that rebellion, shall for their safety or 
otherwise, retreat, or resort into that Province of 
our Colony of New England, under your jurisdic- 
tion, or any part thereof, you cause him, them, and 
every of them, to be forthwith seized and secur- 
ed, and then give immediate notice thereof, to the 
Governour or Commander in chief in Virginia, to 
the end such further course may be taken with 
them as shall be agreeable to law. And wee doe 
further require you to issue forth proclamation 
streightly, forbidding all and every the planters or 
inhabitants of your said Province to joyne with 
the said rebells, or to afford them any arms, am- 
munition, provisions, or assistance of any kind 
whatsoever, but contrarily enjoyning those under 
your jurisdiction to oppose the said rebells in all 
things as there shall be occasion — and so wee bid 
farewell. Given at our Court at White Hall, the 
3d day of November, 1676, in the eight and twen- 
tieth year of our Reigne. 

By his Majesties command, 

H. COVENTRY. 

To our trusty and well beloved, the Governour 
and Councill of the Colony of Connecticut, in 
New England. 



Appointment of Commissioners, fyc. 101 



The appointment of John Allyn and Edward 
Palmes Commissioners in the case of William, 
Harriss. 

I, William Leet Esqr., Governor of his Majes- 
ties Colony of Connecticott in New England, in 
obedience to, and observance of his Majesties 
commands, given at Hampton Court, the fourth 
day of August, the 27th year of his Majesties 
Iteigne, 1675, do hereby constitute and appoint 
you, Capt. John Allyn and Major Edward Palmes, 
to be commissioners to joyn with such other gen- 
tlemen of the three Colonyes of Massachusetts, 
New Plimouth and Rhoad Island, as by their re- 
spective Governours shall be authorized and im- 
powered by their commissions to joyn with you in 
obedience to, and observance of his Majesties 
commands ; giving unto you hereby full and suffi- 
cient authority to meet with the said commission- 
ers at Patuxitt or Providence, at or upon the 22d 
day of August next ensueing the date hereof, 
where being assembled from all the said four Col- 
onys, you with them are to joyn in chooseing a 
President from amonge the said Commissioners, 
and being so instated into order, you shall act in 
appointing such officers as may be meet for the 
keeping up the order authoritie of that his Majes- 
ties Court, and in impanelling a jury of twelve 
honest and indifferent men, out of the sixteen sent 
from the severall Coloneys, equally chosen and ap- 
pointed for that worke, who being impannelled 
and sworn, you are then, as members of said 
Court, to hear all such pleas, allegations, proofs 
and evidences as shall be produced by William 
Harriss and his partners conveying the lands in 
said Patuxitt claimed by them, being as he saith 

9* 



102 Appointment of Commissioners, fyc. 

rightfully possessed of them, near forty years 
since, and quietly enjoyed till about the year 1663, 
and then disquieted by one John Hazzurd and 
others, claimers of said lands, whom you are to 
hear also, with their severall pleas, allegations, 
proofs and evidences, with all impartiallity, that so 
there may be a determination of those differences 
according to justice, and that your proceedings 
therein may be the more effectual], you are hereby 
authorized joyntly or severally to administer oaths, 
and to issue out summons to require persons to 
attend you as Gommissionated to the hearing of 
this case, and all his Majesties subjects are requir- 
ed to yield obedience therein, as they will answer 
the contrary, and you with the rest commissiona- 
ted as aforesaid, being assembled together, have 
power to adjourn the Court from time to time, 
and place to place, as shall by the Court be judg- 
ed most meet for a speedy and just determination 
of the case, and such determination being made, 
you are to render an account thereof, to me, that I 
may return the same to his Majestie, according to 
his command, with all convenient speed. In tes- 
timony whereof, I have hereunto affixed my hand 
and seal, in Hartford, on Connecticott, in New 
England, this sixteenth day of August, in the nine 
and twentieth year of his Majesties Reign, 1677. 



Letter from Charles II. 103 



A Letter from Charles 2d, concerning Lands in 
the Narraganset Country. 

Charles R. 

Trusty and well beloved, wee greet you well. 
Whereas in pursuance of an order of our privie 
Councell of the 4th of December last, directing 
our well beloved subjects, William Stoughton and 
Peter Bulkley, agents for the corporation of the 
Massachusetts Bay, in New England, to show by 
what authority or title Simon Bradstreet, Deputy 
Governour, and other inhabitants of that Colony, 
had by a printed paper called an advertisement, 
dated at Boston the 30th of July last, laid claim 
to the lands of Narragansett, and Niantic coun- 
treys called the Kings Province, they the said 
agents did declare, that the Government of the 
Massachusetts is not at all concerned in this claim, 
but only some inhabitants, who had purchassed 
those lands from the Indian Sachems : and where- 
as our well beloved subjects, Randall Holden and 
John Green, Deputies of the town of Warwick, 
in the Colony of Rhoad Island, have certified our 
said Privy Council!, (of their certain knowledge as 
having inhabited that country for above forty years) 
that never any legall purchase had been made 
thereof from the Indians, by the Massachusetts or 
any others, and there being likewise produced an 
act of the voluntary submission of the chief Sach- 
em and the rest of the Princes, with the whole 
people of the Narragansetts, unto the Government 
of our late Royall Father of blessed memory, to- 
gether with two declarations made by our com- 
missioners, on the 20th of March, 1664, and 8th of 
April, 1665, whereby it appears that they had then 



104 Letter from Charles II. 

received from some of the principall Sachems of 
the Narragansett Indians, a surrender of them- 
selves, their subjects and their lands to our Gov- 
ernment and dispose, not only by their personall 
acknowledgments and sending us presents, but by 
putting into the hands of our said commissioners 
the Deed aforementioned, of the 19th of April, 
1044, and that as for the pretended purchasses 
made by Major Atherton, and others of the Mas- 
sachusetts Colony, our said commissioners did then 
declare the said purchasses to be void, ordering 
the purchassers to leave the use and possession of 
those lands, and that the Magestrates of Rhoad Is- 
land exercise the authority of Justices of the Peace 
in the Narragansett country, by them called Kings 
Province, and doe whatever they should think fitt 
for the peace and safety thereof, untill our further 
pleasure should be known, we having taken the 
premises into our Royall consideration, have 
thought fitt hereby strictly to will and require you 
to take care that all things relating to the said 
Narragansett country, or the Kings Province, be 
left in the same condition as now they are, or have 
lately been in, as to the possession and government 
thereof, and absolute and immediate sovreignty, 
as well as the particular propriety of all that coun- 
try, appearing by the surrender of the Sachims, 
to be vested in us, our further pleasure is, that you 
doe forthwith signifie to all persons within your 
government, who pretend any right or title to the 
soyle or government of the said lands, that they 
do with all speed, and by the first convenience, 
send over hither persons sufficiently impowered 
and instructed, to make their right and title ap- 
pear to us, and that upon default thereof, w r e will 
proceed to give such order for the government and 
settlement of the said Province, as we shall judge 



Letter from Charles II. 105 

to be most consistent with justice, and the good 
of such of our subjects, who already do inhabit, 
or shall desire to make any further improvement 
within the said improvement. And whereas we 
have been also humbly informed by our well be- 
loved subject John Crown Gent, that his Father 
William Crown, had sustained a great loss by our 
surrendring Nova Scotia unto the French, of part 
of which country he was proprietor, and therefore 
praying us to grant unto him the lands of Mount 
Hope, in New England, in compensation thereof, 
and we having referred the consideration of that 
his humble suit, to the Lords of the committee of 
our Privy Councill for foreign plantations, and 
having received their opinion upon that matter, 
that it opperates to them that the said land did be- 
long to Sachem Phillip, and his adherents, and 
was conquered by our subjects of New England 
in the late warr against the Indians, not without 
great charge and bloodshed ; we have thought fitt 
hereby to signifie the same to you, together with 
our pleasure, that you forthwith certifie unto us, 
what right or title, any of our Colonies there, may 
pretend unto the said country, and also the true ex- 
tent, value and propriety of the said lands of 
Mount Hope, with the grounds and evidences of 
their respective claimes, if any shall be made, that 
we may thereupon be enabled to give such further 
direction and order, as may suit with our Royall 
justice and bounty, and we cannot upon this oc- 
casion but take notice to you, that we have not 
hitherto received from you or any other of the said 
Colonies, the least intimation, much less account, 
of the conquest, claime, or disposall of the said 
country, not doubting but for the future, you will 
be more carefull to advertise us, or our Privy 
Councill of matters of this kinde, and which do 



106 Letter from Lords of the Privy Council. 

any way relate to prerogative and authority — and 
so we bid you farewell. 

Given at our Court, at White Wall, the 12th 
day of February, 1678-9, in the one and thirtieth 
year of our Reigne. 

By his Majesties command. 

SUNDERLAND. 

To our trusty and well beloved, the Governour 
and Magistrates of Connecticutt colony, in New 
England, now and for the time being. 



A letter from the Lords of the Privy Council!, 
concerning John Wampus, alias, White, an 
Indian. 

After our hearty commendations, Whereas, 
John Wampus, alias, White, has by Petition hum- 
bly represented unto his Majestie, that he is by 
marriage of Ann, the daughter of Romonock, late 
Sachim of Aspaluck and Sasquanaugh, upon the 
death of the said Sachim, become sole proprietor 
of those tracts of land, where the town of Fair- 
field, in the colony of Connecticott is built, that 
the petitioners said father-in-law, did, about nine- 
teen years since, deliver up the possession of the 
said lands to the petitioner, who sometime after 
sold part thereof unto Captain Denison, Amos 
Richardson and others of Connecticutt colony, 
for the summ of three hundred and fifty pounds, 
or thereabouts ; and that by the evill practices of 
Major Nathan Gould, and other inhabitants of 
Fairfield, he is not only kept out of his just rights, 



Letter from Lords of the Privy Council. 107 

but was also imprisoned by them, in May last, 
when he went to demand possession of his estate, 
withall complaining of the great hardships and 
miseries he and other native Indians are subject 
unto, by the laws of that colony. His Majesty 
takeing into his gracious consideration the miser- 
able condition ot the Petitioner, and declaring his 
Royall pleasure, that not only the Petitioner, but 
all such indians of New England, as are his sub- 
jects, and submitt peaceably and quietly to his 
Majesties government, shall likewise participate 
of his Royall protection ; wee do by his Majes- 
ties express commands, signifie the same unto you, 
requiring you to doe the Petitioner such justice 
as his case may deserve, and for the future to 
proceed in such manner, as his Majesties subjects 
may not be forced to undertake so long and dan- 
gerous voyages for obtaining justice, which his 
Majestic expects shall be speedily and impartially 
administered unto them upon the place — and so 
not doubting of your ready complyance herein, 
we bid you heartily farewell. 

From the Councill chamber in White Hall, the 
2Sthday of March, 1679. 

Your loving Friends. 

CLARENDON, 

AILESBURY, 

JOHN NICHOLAS, 

ANGLESEY, 

J. BRIDGEWATER, 

FANCOUBERY, 

J. ERNLE. 

To our loving friends, the Governour and Ma- 
gistrates of his Majesties colony of Connecticott, 
in New England. 



108 Letter from Lords of Council of Trade, 



A letter from the Lords of the Council of Trade 
and Foreign Plantations, requiring informa- 
tion on various subjects. 

After our very hearty commendations unto you, 
his Majestie having been graciously pleased to 
comitt to a select number of his Privy Council], 
whereof wee are, the care and management of 
things relating to his foreign plantations, and it 
being necessary that all Governours and Com- 
manders-in-chief do return us a frequent account 
of the state and condition of their respective gov- 
ernments, wee do now think fitt to reccommend 
unto you several! heads of inquiry, concerning his 
Majesties corporation of Connecticott, whereunto 
we expect your speedy and pellicular answer ; 
and that wc may be able to carry on our obser- 
vations and knowledge, and be still in a capacitie 
to give his Majestie a true representation off af- 
fairs and occurrences therein, wee pray and re- 
quire you to transmit unto us, a clear and full 
account of the present state of the said colony, 
and so from time to time, of what shall happen 
in relation to his Majesties service, upon the dis- 
tinct heads aforesaid, and generally of all things 
which you, in your discretion shall judge neces- 
sary for our full information, and for the better 
discharge of the trust reposed in us ; and so not 



Meeting of Commissioners, tyc, 109 

doubting of your care in the performance hereof* 

wee bid you heartily farewell. 

From the Councill chamber at White Hall, this 

first day of August, 1679. 

Your very loving Friends, 
HILINGTON, 
WM. BLATHWAIT, 
ESSEX, 

FAUCONBERG, 
H. COVENTRY, 
J. ERNLE. 

To the Governour of his Majesties corporation 
of Connecticott, in New England. 



Meeting of the Commissioners of the United 
Colonies. 

At a meeting of the Commissioners of the Uni- 
ted Colonies in Boston, August 25, 1679, 

Right Hon'ble : — 

In observance of o'r duty and allegiance to his 
dread Ma'tie o'r Gracious Soveraigne, and obe- 
dience to his commands, by his letters directed 
severalty to the Governors of his Ma'ties United 
Colony s in New England, given at his Roy ail 
Court in White Hall, Feb'y 12, 1678-9, perceiving 
by mutuall advice that his Ma'ties letters afore- 
said, to each of these colonys, are of the same 
importe containing like commands of an accot. of 
the contents of the lands of Mount Hope and 

10 



110 Meeting of Commissioners, <$-c. 

Narriganset, &c. which in the late warrs with the 
barbarous natives, o'r neighbours were taken out 
of their hands, we crave leave to give your honor 
this followeing acco't as for the immediate and 
more apparent occasion of the sayd warr with 
the natives, the progresse and consequences there- 
of, the printed narrative which we herewith remit 
to your honor, although the labour of a private 
hand, yet for the substance thereof doth truly set 
forth the same, nevertheless we have, (as we ap- 
prehend) just ground not only to feare, but without 
breach of charity, to conclude that those malicious 
designess of the Jesuits, (those grand enemies to 
his Ma'ties crown, as well as to the Protestant 
religion by us possessed,) have had their influence 
in the contrivement thereof, and of the certainty 
hereof, we have been credibly informed by both 
Indians and English, at home and abroad. 

And as for those lands of Mount Hope, although 
Philip, with the Indians over whom he was Sach- 
em, possessed the same, yet they are not so 
properly to be called conquered lands, but such 
whose Indian clayme therein and title thereto is 
now forfeited into the hands of the English of said 
colony by his breach of covenant with them, and 
we thus apprehend for these reasons. 

1. In that those lands are indubitably within the 
limits and bounds of his Ma'ties colony of New 
Plymouth contained within the express limits of 
his Royall Charter to them granted, and are 
within the bownds of an English town of that 
colony, planted by them nere forty yeares since, 
called Seaconck and Swansey. 

2. Philip, Sachem and all those Indians under 
him were orderly subjects to his Ma'ties Govern- 
ment, there settled by authority of said Charter, 
as by sundry instruments under the hands and 



Meeting of Commissioners, fyc. Ill 

seals of said Philip, and by his chief men, may 
fully be made to appear. 

3. The necessity as well as justice of said war 
on the part of the English, for the preservation of 
the lives and estates of his Ma'ties good subjects 
there settled, the printed narative abovementioned, 
doth fully declare, and we have no reason to 
doubt will be to satisfaction. 

As for the contents or value of said lands, called 
Mount Hope, they have formerly been estimated 
at seven thousand acres, but upon a late survay 
doe appeare to be of less quantity, and for value 
its advanced the more considerable by reason of 
its scituation near the sea, and so may be some 
accommodation to the colony for a place of trade, 
otherwise the improvement and benefit thereof, 
would be very inconsiderable ; and an invaluable 
sum towards New Plimouth parte of disbursments 
which in the whole hath been more then one 
hundred thousand pownds. As for that proposal 
made in behalf of Mr. William Crowne, we may 
truely inform your Honor, that neither his former 
losses which were rather imaginary then reall, 
nor his present demands seem such to us, as 
should highly deserve of his Ma'tie, being rather 
a burthen and disservice to such places where he 
hath been than otherwise, and perticularly to one 
of our plantations setled before the unhappy warr, 
where himself as well as others had good accom- 
modations freely granted him, but very unhappy 
disquiets attended that plantation dureing his resi- 
dence there. 

As for those lands of Narragancet, they are in- 
cluded in his Ma'ties Charter granted to Connecti- 
cut^ and so regularly under the Government 
thereof, and before the war began were peaceably 
settled with inhabitants in severale paarts thereof 



112 Meeting of Commissioners, $c. 

In right of purchass from the indians, and were 
likely to have been a flouerishing plantation under 
the countenance of his Matties government there 
settled by his Gracious Letters Pattents to that 
colony under the broad seal, and by his perticuler 
commands to other of the colonys, severally re- 
quiring their assistance of them, but since the war 
those parts are disturbed by sundry who doe in- 
trude themselves upon them by countenance of the 
Government of Rhode Island as they alledg, and 
are an ungoverned people utterly uncapable to 
advance his Ma'ties interest or the peace and hap- 
piness of their neighbours, as for the acts of his 
Ma'ties Commissioners 1664-5, we hope that none 
of their conclusions were intended to contradict 
his Ma'ties Charter, granted to his good subjects 
here, especially considering the absence of Coll. 
Niccols, when such conclusions were drawn up 
by others of them, without whose concurrence 
their acts as theire own Commission exhibited, 
declared to us were invalid, we humbly crave 
leave to propose that it will be most difficult, if 
not impossible for the several clay mors of right 
in that country now resident in those colonys to 
defend theire interest in England before his Ma'- 
tie and Honowrable Councill, the whole estate of 
many of them being not able to transport them 
over seas, or supply the management of an easy 
defence at such distance whence they must inev- 
itably sink under the burthen of the loss of all, if 
his Ma'tie be not pleased in his Royall wisdom, 
to order some other expedient to an issue ; the 
English of these colonys having by his Ma'ties 
good leave under security of his Letters Pattents 
removed themselves into this remoat wildernesse 
neer fifty years now past, they have confidence 
that the malice of their adversaries by their pri- 



Meeting of Commissioners, tyc. 113 

vate insinuations and unjust reproaches shall not 
now prevayle to disturb them in theire so orderly 
setlement. 

We humbly offer to your Honours hands, these 
briefe intimations which we humbly intreat your 
Honours favour and candor so far to communicate 
and lay before his Majestie, as in your wisdom you 
may judge a service to his Ma'ties interest and 
benefit to his good subjects here, a more full and 
perticuler answer to his Ma'ties commands as the 
colonys may be severally concerned, we shall 
refer to their Gen'll Courts to present ; Hon'ble 
Sir we take leave to subscribe o'r selves your 
most humble servants the Commissioners of the 
United colonys in New England, viz. the Matta- 
chusets, Plimouth and Conecticutt, by the speciale 
order of their respective Governors and Councills 
of his Ma'ties colonys. 

T. D.— J. D.— J. W.— T. H.— J. A.— J. R. 

Boston, in New England, ) 
August 25, 1679. \ 

To the Right Hon'ble, the Earle of Sunderland, 
one of his Majesties principall Secret'rys of State, 
to be comunicated to his Ma'tie, these humbly 
present. 

In answer to his Ma'ties letter to the Governor 
and Magistrates of the severall colonys, a letter 
was drawn up and directed to the honourable the 
Earle of Sunderland one of his Ma'ties principle 
Secretarys of State to be communicated to his 
Ma'tie. 

Allowed in money to Capt. John Hull, for cat- 
tle eaten by the confederate army in the Narra- 
gancett in proposition from the severall colonys, 
twenty five pownds. 
10* • 



114 Address to Charles II. 

To Capt. John Hull, and Wm. Crofts for ditto, 
in money twenty five pownds, from the several! 
colonys. 

Appeared the Reverend Mr. John Eliott and 
made a motion refering to the re-printing the 
Bible. 

Some demands of Mr. Smith and Mr. Sandford 
are refered to the next meeting of the Com'rs. 

Agreed upon the day and yeare above written 
by the Commissioners of the United Colonys. 
THO. DANFORTH, Press'd. 
J. DUDLEY, 
JOSIAH WINSLOW, 
THO. HINCHLEY, 
JOHN ALLYN, 
JAMES RICHARDS. 



Copy of an Address to his Majesty Charles the 2d. 

To the Kings most Excellent Majestie. 

The most humble addresse of his truely loyal I 
subjects and supplyants the Governor and Generall 
Assembly of his Ma'ties Colony of Connecticut, 
in New England holden at Hartford, October 9, 
1679. 

Dread Soveraigne — 

Such and soe great have been your Ma'ties 
princely favoure towards us, especially in the gra- 
ceous charter that your Ma'tie (from* your owne 
free motion and most ample grace) hath beene 
pleased to grant unto us, your poor yet loyall sub- 



Address to Charles II. 115 

jects, in this your Colony, by which we are made 
very sencible of your Royall care concerning our 
Civill and Religious Liberties, as allso of the great 
and singular benefits that we have enjoyed by that 
eminent protection, all which hath greatly encour- 
aged and strongly moved us in conscience of duty, 
humbly and heartily to offer up o'r most sincere 
acknowledgments of your Ma'tis great goodness 
towards us in those forementioned Charter Bownds 
and priviledgses, which hath been no small engage- 
ment and encouragement to us in the defence of 
those parts, neither can we choose but reflect upon 
ourselves that in so many Halcion dayes of great 
immunities under your Gracious shadow we have 
not with bended knees testifyed o'r utmost thank- 
fullness for such Royall favoure, but such have 
been the overtures by the Death of o'r former Gov- 
ernour Winthrop and of late by the breaking forth 
of the war with the Barbarous heathen which 
hitherto retarded us but that we have now a hope- 
full issue through the help of Almighty God, and 
the benefit of your Royall countenance, for al- 
though as to o'r Estates we are much impoverish- 
ed thereby, yet through Gods mercy, he hath given 
us o'r Enemy for a prey, whilst many of o'r neigh- 
bours round about us, have been made a desola- 
tion, and under God we must acknowledge o'r- 
selves Debtor to your Ma'tie the greatness of your 
name and power with the aspect thereof towards 
us, being a Terror to o'r heathen adversaries, yet 
these troubles have been some hindrance to that 
o'r duty of acknowedging o'r thankfulness, but now 
being by your Ma'ties Letters dated at White 
Hall Feb'y 12, 1678-9 commanded to appear be- 
fore your Ma'tie by o'r agents to make good o'r 
claym to the soyle and Government of the Narra- 
gancett Country, what can we say before so Gra- 



116 Address to Charles II. 

cious a King, but to beg that we may be admitted 
humbly to prostrate o'rselves at y'r Ma'ties feet 
with earnest beseeching your princely Grace in 
the full enjoyment of all the limits mentioned in 
o'r sayd Charter, and the priviledges thereof w'ch 
have by your Royall selfe been granted to us o'r 
Heirs and successors ; and that o'r messenger Mr. 
Wm. Harris (who is impowered by us according 
to your Majesties order aforesaid,) may find fa- 
voure with your Ma'ties and who can informe fully 
the expences w r e have been at in the last Indian 
Warr, both as to money and loss of men as allso 
the advantages obtayned hath formerly been cer- 
tifyed to the Right Hon'ble Earle Sunderland, by 
the Com'rs of Massachusetts, New Plimouth and 
this Colony from Boston, August last. Great s'r 
so great have been the assurances we have receiv- 
ed of your princely favours to this your poore Col- 
ony, by your Gracious Letters, divers times sent us, 
that we cannot but be greatly encouraged to hope 
for a continuance of your Royall favoure unto us, 
and we shall as in duty we are bound apply o'r- 
selves constantly to the Throne of Grace, for your 
Ma'ties long life and happy Reign over all your 
kingdoms and territoris to the honor of the great 
God and the good of his church. 

So beging your Majesties pardon, we subscribe 
o'rselves your Ma'ties true and loyall subjects, the 
Gov'r and Generall Assembly of your Ma'ties 
Colony of Conecticutt. 

WM. LEET, Gov'r, 

In their names and pr their order, 

JOHN ALLYN, Sec'ry. 



Letter from Charles II. 117 



A Letter from his Majesty Charles 2d, relating to 
trade and navigation. 

Charles R. 

Trusty and well beloved, wee greet you well, 
whereas by an act of Parliament of this our 
Realme, made in the 25th year of our Reigne, 
certain rates, duties and impositions are imposed 
upon certain comodities of the groth, production 
and manufacture of our plantations in Asia, Afri- 
ca or America, that shall be shipped or laden on 
board any shipp or vessell, for which bond shall 
not be first given to bring the same to our King- 
dome of England, Dominion of Wales or Town 
of Berwick upon Tweed, which rates, duties and 
impositions are to be levyed and collected under 
such penalties, both to the officers and upon the 
goods, as for non payment of, or defrauding us of 
our customes in England ; the collection whereof 
is by the said act to be ordered and managed by 
our commissioners of our customes in England, 
under the authority and direction of our Lord High 
Treasurer of England, or commissioners of our 
Treasury for the time being. 

And whereas our commissioners of our cus- 
tomes, have in pursuance of such direction, ap- 
pointed Edward Randolph Esqr., for collecting the 
said duties arising and growing due to us, by ver- 
tue of the said act, and have impowered him to 
make and depute such deputies or under officers as 
may be further necessary, wee will and require 
you that you give all due encouragement and as- 
sistance to the said Edward Randolph, in the ex- 
ecution of his duty and place, and to such persons 
as shall from time to time, be by him appointed to 



118 Letter from Charles II. 

the said offices, and that you do strictly command 
all other officers and persons whatsoever, civill or 
military, within your government to be aiding and 
assisting to them therein ; you are moreover, to 
take effectnall care that all former laws relating 
to the trade of our plantations, be duly observed 
and executed, and particularly the act for encour- 
ageing and encreasing of shipping and navigation, 
made in the 12th year of our Reigne, the act for 
encouragement of trade, made in the 15th year of 
our Reigne, and the act for better regulating to 
the plantation trade made in the 22 and 23 years 
of our Reigne, and also our proclamation of the 
24 November, in the 27 year of our Reigne, for 
enforceing the said laws ; and you are once a year 
to return to our said commissioners of our cus- 
tomes, a list of all such shipps or vessells as shall 
lade within your government, any of the enume- 
rated plantation comodities, as is provided by the 
aforementioned act of the 22 and 23 years of our 
Reigne, as also a list of all the bonds taken by 
you, together with such other matters as they shall 
desire from you. And you are from time to time, 
to correspond with our commissioners of our cus- 
tomes, and to inform them what you conceive fur- 
ther necessary for our service in the premises. — 
Given at our Court at White Hall, twelfth day of 
November, in the one and twentieth year of our 
Reign. By his Majesties command. 

ESSEX, 

L. HYDE, 

J. ERNLE. 

ED. DERING, 

S. GIDELPHIS. 
To our trusty and well beloved, the Governour, 
for the time being, of our Colony of Connecticott, 
New England, 



Deposition of Francis Branson. 119 



A copy of the Deposition of Francis Branson. 

Francis Branson, commander of the ship Anne 
and Hester, aged 30 years or thereabouts, in the 
behalf of his Majestie testifieth, that William 
Kelso, Chirurgeon, and John Bowland, mate of the 
said ship, being aboard, in the great cabbin at sea, 
the 16th day of April last, 1680, amongst other 
discourses that then passed between them, the 
said William Kelso in hearing of this Deponent, 
did declare in the great cabbin, that he was the 
Chirurgeon General!, in the late rebellion in Scott- 
land, and that after the Duke of Monmouth had 
been there and qualified them, Kelso cutt of his 
hair and wore a Perriwigg, and made his escape 
into the north of Ireland, and from thence trans- 
ported himself to Dublin, and was there some 
small time, and from thence he made his escape 
to Bristol, and there he stayed a while, and after 
went up to London. He then at the same time 
did declare, that he knew those persons that 
murdered the Arch Bishop of St. Andrews, and 
that they had made their escape disguised, and 
could not be found ; that there were six of them 
that sett upon him, when he was in his coach, 
going over a plain 3 miles from a village, that 
they hauled him out of his coach and told him 
that he had betrayed them, and therefore nothing 
should satisfie them but his blood. His Daughter 
being in the coach with him, opened her bosome, 
and desired them to spare her father and kill 
her, but they fell upon him with their pistolls, first 
pistolling him, and then hewed him in pieces 
with their swores ; all which words w r ere spoken 
by the said Kelso, when we were coming from 
England, being then bound for the Isle of May. 



120 Letter to Commissioners of Customs, 

Sworn to in Court, the 4th January 1680, in 
Boston, in New England. That this is a true 
coppie taken and compared with the original, 4th 
January 1680. 

Attest 

EDWARD RAWSON, Secr'y. 



Copy of a Letter sent by the Governor fyc. of the 
Colony of Connecticut, to the Commissioners of 
his Majesties Customs. 

Much Honoured — 

Yours of May 24th came to our hand January 
following with the inclosed from his Majestie, with 
the Statutes, box of Seals and book of rates, &c. 
the contents whereof were of much satisfaction 
unto us, viz : to be informed and directed how we 
might serve his Majestie preventive to frauds in 
customs and dutys, that being part of our allegi- 
ance and duty incumbant, unto which we appre- 
hend ourselves sufficiently impowered by his Ma- 
jesties gracious Charter, granted to this Colony, 
and wee have the greater happiness by your early 
care, thus to suggest to us before w r e arrived at 
any capacitie so to defraud, for though we may not 
boast of our own goodness, yet pennury hath 
hitherto obstructed, for after above forty years 
sweating and toyle in this wilderness, to enlarge 
his Majesties dominions, at our own cost and ad- 
venture, we have neither had leisure or ability to 
lanch out in any considerable trade at sea, having 
only a few small vessellsto carry our corne,hoggs 



Letter to Commissioners of Custoins. 121 

and horses unto our neighbours of York and Bos- 
ton, to exchange for some cloaths and utensills 
wherewithall to worke and subdue this country ; 
likewise some of those comodities are carried to 
the Barbadoes, and those Islands, to bring in some 
sugar and rum to refresh the spirits of such as la- 
bour in the extream heat and cold, so to serve his 
Majesties inlargement of Dominions, and gett a 
poor living to themselves meanwhile, the sub- 
stance whereof we suppose Mr. Randolph can 
informe, who having lately taken an interview of 
our parts and Colony, unto whom we have shew- 
ed civility according to our capacitie, and offered 
any furtherance in so good a designe to prevent 
fraud towards our Sovreign in trade and naviga- 
tion, we have also appointed customers or collec- 
tors in our severall counties, to take speciall care 
that these acts of navigation and trade be duly ob- 
served and kept, and have commissioned them ac- 
cordingly, they are the most aptest persons w 7 e 
could pitch upon, for that affaire, this work is yett 
novell and unknown to them, through want of ex- 
perience in such occasions, but we have no cause 
to doubt of their fidelitie and care in the due at- 
tendance of the work and trust reposed in them, 
and we shall be ready to grant Mr. Randolph such 
necessary aid and assistance as shall be requisite, 
if he also shall see cause to take any cognizance 
of these affaires in our colony, if yourselves or 
any Lords of the Privy Councill or Treasury will 
concern themselves to further light, in this or any 
thing proper to our Loyalty, we shall thankfully 
accept the same, and do our duty therein, praying 
always for the long life and happy Reigne of his 
Majestic and wellfare of yourselves, and all Pro- 
11 



122 Letter to Commissioners of Customs, 

testant professors, as our own, who are your Hon- 
ours very humble servants.* 

WILLIAM LEETE, Govt, 
JOHN TALCOTT, 
JOHN ALLYN. 
Hartford, January 24th, 1680. 

Note. — This, according to the modern mode of dating, 
was 1681. 

These for the Honourable the Comissioners of 
his Majesties Customes, at the Custome House in 
London. 



* "The Acts of trade and navigation were exceedingly 
grievous to the Colonies. They viewed them as utterly in- 
consistent with their chartered rights. This made them ex- 
tremely unwilling to submit to them. Massachusetts never 
would finally submit ; but as it was matter of great and con- 
tinual complaint against the Colonies, and as his Majesty in- 
sisted on the respective Governors taking the oath respect- 
ing trade and navigation, it was judged expedient, that Gov- 
ernor Leet should take it, in the presence of the Assembly. 
It was accordingly administered to him at the Session in 
May, 1680."— Trum. Hist. Con. Vol. 1, p 356. 

"At a Generall Court of Election held at Hartford May 
13, 1680, according to his Ma'ties command, the Governur 
did in the presence of the Court, take the oath respecting 
the act of navigation and trade, appoynted by his Ma'tie, it 
being administered to him by Mr. Sam'l Willys, Maj'r John 
Tallcott, Capt. John Allyn, and fower others of the Coun- 
cill of the Colony, May 14, 1680." 



Letter from Coirirs on Trade ; fyc. 123 



A Letter from the Lords Commissioners of his 
Majes. Customs, relating to Trade and Navi- 
gation, 4' c - 

Sr, herein we enclose a letter from his Majestie, 
in relation to his customes, arising by vertue of 
one act of Parliament, made in the 25th year of 
his Majesties Reigne, entitled an act for better 
secureing the plantation trade, and also in rela- 
tion to the other laws which concern the planta- 
tion trade, and for your information in these 
matters, a book of rates is herewith transmitted 
to you, wherein the said laws are contained, viz. 
the act of navigation, the act for the encourage- 
ment of trade, the act for better regulating the 
plantation trade, and the act for better securing 
the plantation trade, together with some copies of 
his Majesties Proclamations of the 24 November, 
in the 27th year of his majesties Reigne, prohibit- 
ing the importation of the commodities of Europe 
into any of his majesties Plantations in Asia, Afri- 
ca or America, which were not laden in England, 
and for putting all other laws relating to the plan- 
tation trade, in effectual execution, for due per- 
formance whereof you will please to give order 
and take care, and whereas several shipps have 
gone from his majesties plantations to Scotland, 
Ireland and other places beyond the seas, and there 
discharged their loading of tobacco, sugar and 
other the commodities, enumerated in the afore- 
said act of the 25, of the King, without first com- 
ing to England, Wales or Berwick and paying 
his Majesties duties there for the same, according 
to the said laws, for prevention thereof for the 
future, wee desire you will please that according 
to the aforementioned act for regulating the plan- 



124 Letter from Com'rs on Trade ■, fyc. 

tation trade, we may receive from you at least 
once a year, a list of all such ships or vessels, as 
shall lade within your Government, any of the 
enumerated comodities, according to the enclosed 
forme, endorsed (No. 1,) and that you do not per- 
mitt any shipp or vessell to load any of the said 
goods in your colony, unless* she first give bond to 
carry the same to England, Wales or Berwick, 
or pay the duties appointed by the aforesaid act 
of the 25, of the King, and also give bond to carry 
them to England, Wales or Berwick or to some 
other of his Majesties plantations, for that you are 
to know, that the payment of the said duties doth 
not give liberty to go to any Port or place other 
than to England, Wales or Berwick, or to some 
other of his Majesties plantations, and they are 
not thereby privileged to goe to Ireland, Scotland 
or any foreign country, and for the better discov- 
ery of false certificates of ships having given bond 
in England and unloaden there, we desire you will 
use your utmost care in causing strict examina- 
tion to be made of all certificates, both of ships 
having given such bond, and also of their having 
discharged their loading in England, and that you 
admit of no certificates of any ships having given 
bond, nor of any ships having discharged their 
loading in England, Wales or Berwick, but such 
as shall come to you under the hands and seals of 
the customer or patent collector and comptroller 
or their deputies, and the hand of the commis- 
sion collector or his deputy or two of them, of the 
port where they gave bond or unladed respect- 
ively, and we herewith transmitt to you one of 
each of the impressions of the seales as we rec'd 
them, both from the respective customers and 
comptrollers, both in the port of London and the 
out Ports. And we desire that as it is the practice 



Letter from Corners on Trade, fyc. 125 

in other plantations, all certificates, both of ships 
having given bond, and of their having discharged 
their respective loadings may be registered in 
your navall office, or some other publick office'in 
your colony, and you may please further observe, 
that you are not to permitt any shipp to take in 
any of the enumerated goods in your colony, but 
such as have given bond in England, Wales or 
Berwick, or to yourself, or to the Governor of 
some other of his Majesties colonies, and where 
a certificate shall be brought to you, of any ships 
having given bond with the Governour of any 
other colony or ships, having unloaden any of the 
said commodities in any other colony, you are nott 
to admitt thereof, unless it be under the hand and 
seal of such Governour respectively, and as to the 
bonds to be taken by you, wee here inclose to 
you the form of a bond to be entered into by mas- 
ters of ships that enter for England, Wales or 
Berwick, only, (No. 2,) and the form of a bond to 
be entered into by the masters of ships that enter 
for England, Wales or Berwick, or some other of 
his Majesties plantations, before they have liberty 
to lade any of the said goods, (No. 3,) both which 
bonds are to be with one sufficient surety ; and 
the blank in which bonds for the summ is to be 
filled up according to the direction in the act of 
navigation, with the sum of one thousand pounds, 
if the ship be of less burthen than one hundred 
tonn, and of two thousand pounds if the ship be of 
a greater burthen, and because the life and effi- 
cacy of such bonds depend principally upon the 
sufficiency of the securities, we desire that you 
will take effectual care that the sureties in all 
such bonds, be persons of sufficiency and value, 
and inhabitants within your Government ; and in 
all cases where bond hath been given to you, if 
11* 



126 Letter from Comrs on Trade, <fyc r 

you can discover and make proofe, that any such 
ship or vessell hath discharged her loading, con- 
trary to her bond, or that a convenient time hath 
passed in expectation of the returne of a certifi- 
cate of her unladeing according to the condition 
of her bond, and that no such certificate is return- 
ed, wee desire you will cause the bond to be pros- 
secuted, wee doubt not but you will give all 
encouragement to Mr. Randolph, appointed by 
his Majestie to receive his customes in your col- 
ony, and likewise to his deputies, — we are Sr your 
very humble servants, 

STOWIMS, 
CHELHEYNE, 
HILLINGTERY. 
Custom House, London, 

24 May, 1680. 

To the Governour for the time being, of Con- 
necticott colony, New England.' 



Entry and Clearance of Vessels. 127 



^cl 






5> 



sis 

•5 45 CO 
CN ^ CO 

73 cv> 

to a s 

•g"53 § 
-si co "^v 

52 ^3 co 

©>.JU . 

<o -^ ^ 

■S |° 

o <s o 

.ft S 



"S 



.£ "•£ o 
«S © 

©'^ ^- 

ill 

111 



©\S • 





£ 




05 — 








ll 




<$ *> 




C^ 




J§ 








St* 






fe~ 




£ 






"2 o 

S fcJD 


05 




£ 




o 




-si 


V, aj 

o oj 


H 


s= S 


Z 


£ 5 


< 


6* 


Oh 
H 

X 


Eg-d 


Whe 

regis' 


H 




< 


05 


ft 


05 %±Z 


< 




H s 


2 






£ s 




3 2 

m5 








3<~3 


R 


i3 O 3 


S3 


« PQ 




» . 




*»-" 2° 




05 « 




■S 3 




Cf. — 




cs « 




S G 




05 




« 2 „? 




t» -* CJ 




2-^ o. 




fi O 




C 


c 






'ic 




1 8,8 

5S« 




-(HI ** 



£* 






>>? J 



3 « 2- 



O = 



< 


> £ 3 




^ 






i a 

3 05 





M£ 


a 


, 




T3 43 I 


« 






*°ffl 


p-l 




o 


w 




*h 05 




s s 








fc2 s 




s 




05 




a« 




c 2 o 

^-f 3 05 






s £ * 




\tx* 








w 




i 




*f 




» 'n 




S rt 








Hu II 



TJ 


'S'-^, 


e3 


a ^ C/ 


O 




-t-J 


S ^ > 


03 

.2 


CD 




C C fcjo 




cu-- c 


CD 


a w '51, 


c 
o 


o.§# 


'^J 


"^ « co 


c 


^■^ e*i 


G5 


^H C o 


s 


gag 




5 o o 


Ol 


o £^. 


CO 


caCn 


o 


O co O 

•■-• 05 


DQ 


ts "ts 


a 


s -« 


o 


J3 


;iS •*-> o 


w 


f^.c-5 


3 


e to >» 


2 
a 

.2 


c ^ -3 

2^2 q 


ta 


^i-i — i *j 


n 


*-3 03 


2 

05 


i- a -3 


HD 


oT s M 


O 


d cu 2 

• r3 +3 co 


"T3 

OS 

o 




Ph t» 2 


3 


^ "^ S 


a. 


^3 g «+-. 


cd 


+j ^o o 


o 


G 03 K3 
C 3 ** 

o ^ a) 


+3 


SSP 


n a>.9 

^5 s 


^2 


— ■- _■ 




^550 


g g_g 


*8 


^ OT3 


w ^3 


WJ o 


"3 c 






«4-< K. M 


a -2 

♦* 0) 


°- 2 . 

_ fc» TO j_ 


£»-5 


3«^I 


Cm 

O 


CSC? 



128 Letter to Lords of the Council, fyc. 



Copy of a Letter from the Governor and Council 
of the Colony of Connecticut, to the Rt. Hon- 
orable, the Lords of the Council of trade, rela- 
tive to the Narraganset Country. 

Right Honnourable — 

We request your consideration of our pleas of 
right to the Government and soyle of the Narra- 
gansett lands. 

1. Our Pattent, dated 23d Aprill, in the four- 
teenth year of his Majesties Reigne, doth circum- 
scribe those lands, and makes them Connecticuts, 
which Pattent is precedent to Rhoad Island. 

2. That the bounds of our charter, as to the 
eastern limits, was not newly devised, but was so 
described in a grant made formerly to some Lords 
and Gent, bearing date Anno. Dom. 1631, which 
at a dear rate was purchased by the Colony of 
Connecticut, which grant, though so purchassed 
we were unwilling to rely upon, it wanting a Roy- 
all stamp, and therefore soon after his Majesties 
happy restoration to his Crown and dignity, this 
Colony did request and impower the Hon. John 
Winthrop Esqr., our then Governour, to undertake 
a voyage for England, and to present our humble 
address to his Majesty and procure a charter for 
this Colony, which through assistance of Almigh- 
ty God, and the abundant grace of our Lord the 
King, (whom God preserve) he was successfull 
therein. 

3. That Pawcatuck River, which Rhoad Island 
procured his Majestie to call Narragensett River 
in their charter, lyeth about six miles within the 
Pequot country, that was conquered by us above 
forty years agoe, which his Majestie is pleased to 



Letter to Lords of the Council, fyc. 129 

take notice of, as a ground for the grant of our 
charter, in part of which lands we have been for- 
ced to settle some of our friend Indians, who were 
helpfull to us in the vvarr when the Narragansetts 
were our enemies, and the Rhoad Islanders no 
good friends, that it should be taken from them 
for Rhoad Island, to possess and govern will be to 
them intollerable. 

4. After a charter was procured and sent over 
to us, the Honnourable John Winthrop his agency 
was expired, and therefore any agreement Rhoad 
Island may pretend they made with Governour 
Winthrop, doth not binde the Colony. 

5. Connecticot have dealt plainly, and have 
antiquity of their side before either donation of the 
Indians to his Majestie, and before Rhoad Islands 
charter grant. 

6. Connecticut hath been long and lately in 
possession of great parts of those Narraganset 
lands, which according to his Majesties Letter of 
February 12th, 1097, (we humbly conceive) ought 
so to continue untill his Majesties decision and 
pleasure be further known, notwithstanding which, 
the Government of Rhoad Island have been con- 
tending with us, incroached upon our rights, and 
given us great mollestation. 

7. In the late Indian warr, Rhoad Island Gov- 
ernment neglected to grant assistance to defend 
the people planted in the Narraganset country, or 
to recover the lands out of the hands of the na- 
tives, our enemies, who strongly fortifyed them- 
selves there, and ruled as Lords both of soyle and 
Government, till they were recovered out of their 
hands by this Colony, and our allies, yea when in 
the sharpest of the winter, our souldiers had a cru- 
el fight with the enemy, beat them out of their 
works and burnt them with fire, and retreated to 



130 Questions and Answers. 

Rhoad Island for recruit w'th our wounded men ; 
we were forced to pay dearly for what reliefe they 
had there, and our souldiers when they were so 
well that they could be removed into our Colony 
for care, (they haveing not money to pay) their 
late Governour Cranson, took indentures of our 
souldiers to serve him for years for what they had 
had, before he lettthem pass, and yet againe they 
give us trouble, and would re-assume a Govern- 
ment there, which how they manage we hope you 
will have from other hands, sundry other such 
things with sufficient proofs we had sent over, but 
they are all lost with our agent, we request your 
favorable construction hereof, and you will there- 
by oblige your most humble servants, the Govern- 
our and Councill of Connecticutt. 

WILLIAM LEET, Govern'ur. 
Hartford, Julv 15th, 1680. 



Heads of inquiry, containing 27 queries, sent from 
the fionourahle the Lords of the Councill of 
Trade and Foreign Plantations, to the Govern- 
our of his Majesties Colony of Connecticutt, in 
New England. 

1. What Councills, Assemblies and Courts of 
Judicature are within your Corporation, and of. 
what nature and kinde ? 

2. What Courts of Judicature relating to the 
Admiralty ? 

3. Where the Legislative and Executive pow- 
ers of the Government are seated ? 



Questions an d Answers. 131 

4. What Statutes, Laws and Ordinances, are 
now made and in force 1 

5. What number of Horse or Foot are within 
your Government, whether they be trained bands 
or standing Forces, how they are armed, divided 
and exercised ? 

6. What Castles and Forts are within your 
Corporation, and how situated and fortified ; as 
also what stores and provisions they are furnished 
withall? 

7. What number of Privateers or Pyrates do 
frequent your Coast, and what their burthens are, 
the number of their men and gunns, and the names 
of the Commanders? 

8. What is the strength of your bordering 
neighbours, whether Indians or of any other na- 
tion, by sea and land, and what is the state and 
condition of their trade and commerce ? 

9. What correspondence do you keep with 
your neighbours 1 

10. What are the Boundaries, Longitude, Lat- 
itude and contents of Land within your Govern- 
ment, and what number of acres Pattented, set- 
tled, or unsettled, and how much is manureable 
Land? 

11. What are the principall Towns and pla- 
ces of trade, and what manner of buildings are 
most used in your Corporation, as to the strength 
and largeness of them ? 

12. How many Parishes, Precincts, or divis- 
ions are within your Government ? 

13. What Rivers, Harbours and Roads are 
within your Corporation, and of what depths and 
soundings they are ? 

14. What comodities are there of the produc- 
tion, groth and manufacture of your Government, 
and of what value yearly, either exported or con- 



132 Questions and Answers. 

sumed upon the value, and what materials are 
there already growing, or may be produced for 
shipping, as also what are the comodities imported, 
and of value yearly ? 

15. Whether salt petre is or may be produced 
within your corporation, and if so, in what quan- 
tity, and at what rates it may be delivered in 
England ? 

16. What number of merchants and planters, 
English or foreigners, servants and slaves, and 
how many of them are men able to bear arms ? 

17. What number of English, Scotch, Irish 
or foreigners have (for these 7 yeares last past, 
or for any other space of time) come yearly to 
plant and inhabit within your corporation ; and 
also what blacks and slaves have been brought in, 
within the said time, and at what rates ? 

18. What number of whites, blacks or mulat- 
tos have been born and christened for these seven 
years last past, or any other space of time, for as 
many years as you are able to state an acount of ? 

19. What number of marriages for seven 
years last past, or any other time, for as many 
years as you are able to state an account of? 

20. What number of people have yearly dyed 
within your Government, for seven years past, or 
any other time, for as many years as you are able 
to state an account of? 

21. What estimate can you make, touching 
the estates of the severall degrees of merchants 
and planters within your corporation ; and how 
you may compute the wealth of the corporation 
in generall ? 

22. What number of ships, sloops or other 
vessells do trade yearly to and from your Govern- 
ment, and of what built and burthen, and whether 
there be any belonging to the country ? 



Questions and Answers-. 138 

23. What obstructions do you find to the in> 
provement of the trade and navigation of your 
Corporation ? 

24. What advantages and improvements do 
you observe that may be gained by your trade 
and navigation ? 

25. What Rates and Duties are charged and 
payable upon any goods exported out of your 
Government, whether of your own groth or man- 
ufacture, or otherwise, as also upon goods import- 
ed ; and likewise what other Revenue doth or may 
arise within your Corporation, and how the same 
are applyed &c. ? 

26. What Perswasion in Religious matters is 
most prevalent, and among the varieties which you 
are to express, what proportion in number and 
quallity of people the one holds to the other ? 

27. What course is taken for the instructing 
of the People in the Christian Religion : how ma- 
ny Churches and Ministers are there within your 
Government, and how many are yett wanting for 
the accommodation of your Corporation; what 
provision is there made for their maintenance, as 
also for relieving poor decayed and impotent per- 
sons, and whether you have any beggars and idle 
vagabonds ? 

By command of the Right Honnourable, the 
Lords of his Majesties most Honnourable Privy 
Councill, appointed a Committee for Trade and 
Forreign Plantations. 

WILLIAM BLATHWAYT. 



12 



134 Questions and Answers. 



Answers made to the queries aforegoing, and sent 
to the Right Honnourable the Lords of his Ma- 
jesties most Honnourable Privy Councill, ap- 
pointed a Committee of Trade and Plantations. 

1. We have yearly two General Courts, ac- 
cording as they are stated in his Majesties gracious 
charter, granted to this Colony. We have two 
Courts of Assistants, which consist of the Gover- 
nor and six Assistants, which are for the tryall of 
cappitall offences, and for the hearing of all ap- 
peals, with a jury. 

Our Colony is divided into four Counties, and 
in each County there are two County Courts an- 
nually, consisting of Magistrates, with a Jury, to 
heare and determine all actions of debts, slander, 
and of the case, and Criminall matters of lesser 
nature, as there is any special occasion ; the Gov- 
ernour calls his Assistants who are his Councill, to 
meet and consider of such matters as fall in, in the 
interval! of the Courts, and to order and deter- 
mine the same. 

2. We have little traffique abroad, and small 
occasion for such a Court and so have not consid- 
ered or stated any such Court at present distinct 
from the rest, but it is left with the Court of As- 
sistants. 

3. The Legislature is only in the General Court, 
and the Executive in those Courts appointed as 
before. 

4. We have herewith sent you one of our 
Law Books, wherein are what Laws were in force 
when we printed them, since which, some few or- 
ders have been made, but are not yet printed, and 
so have not sent them : your Lordships may please 
to take notice, that in our preface to our Laws, 



Questions and Answers* 135 

we say we have been carefull not to make any re- 
pugnant to the Stattute Laws of England, so farr 
as we understand them, professing ourselves al- 
wavs ready and willing to receive light for emen- 
dation or alteration, as we may have opportunity, 
what we then said is our present purpose, and shall 
be our practice as -occasion requires.* 

* Until the year 1672 the laws of the Colony had been 
kept in manuscript, and were promulgated by sending cop- 
ies of them to the several towns in this Colony. At the 
Session of the General Court in October 16/2, it was order- 
ed that the laws of the Coiony should be printed : the Book 
consisted of about seventy-five Folio pages, printed, and 
about the same number of blank pages. The laws that were 
passed after the printing of the book, were inserted in wri- 
ting in the blank pages till the book was filled up. The 
Generall Court enacted that every family in the Colony 
should purchase one of the books. 

Here follows a copy of the Act. 

"At a General Court held at Hartford, October 10, 1672 : 

It is ordered by this Court, that our laws shall be printed 
as soon as may be conveniently, the copy of them being 
viewed and approved by this Court. 

It is also ordered that every family in the several planta- 
tions in this Colony, shall purchase one of our Law Books to 
keep for their use, and the constables of the several planta- 
tions are to see that this order be duly attended, and that the 
books are paid for as they are delivered, either in silver or 
wheat ; those that pay in silver, to pay twelve pence a book ; 
and those that pay in wheat, to pay a peck and half a book, 
and those that have not those things to pay, are to pay two 
shillings in pease for a book ; pease at three shillings pr 
bushel, all to be delivered at the County townes in each 
County." 

It appears that this order was not at first as strictly com- 
plied with as was intended, for the printer made loud com- 
plaints that he did not receive punctual payment for the 
books, and at length petitioned the General Court for redress 
of grievances; whereupon at their session at Hartford, Oc- 
tober 1674, the following order was passed. 

"October 8th, 1674. — The printer complayneing that he 
is not payed for the law books by the severall constables of 



136 Questions and Answers, 

5. For the present, we have but one Troop 
setled, which consists of about sixty Horss, yet we 
are upon raising three Troops more, one in each 
County, of about 40 Horss in each Troop, our other 
forces are Trained Bands, there is a Major in each 
County, who commands the Militia of that, under 
the Governour for the time being, who is the Gen- 
eral of all the Forces within our Colony, the 
whole amounts to 2507 ; the names of our seve- 
ral Counties are : 

Hartford County, where are about 835 Trained 
Souldiers — New Haven County, where are about 
623 Trained Souldiers — New London County, 
where are about 509 Trained Souldiers — Fair- 
field County, where are about 540 Trained Soul- 
diers — Total 2507 men. 

Our Hossmen are armed with Pistols and Car- 
bines, the Foot Souldiers, with Muskett and Pike, 
for the present, in our late wars with the Indians, 
we found Dragoons to be the most useful], and 
therefore improved about 300 of them in the ser- 
vice to good success* 

6. We have one small Fort within our Colo- 
ny, which is at the mouth of Connecticott River, 
at a place called Saybrook, and our stores of Pro- 
sundry of the plantations, the Court orders that whatsoever 
constable shall neglect to bring- in the pay, due for the law 
books their towne hath or ought to receive, according to for- 
mer order to the County Towne of their County, and deliver 
the same to the persons appoynted in the sayd Countyes to 
receive the same, one month after publication hereof, shalf 
forfeit twenty shillings, and so. twenty shillings a month till 
he hath accomplished the same. The Treasurer, upon com- 
playnt made of the breach of this order, is to grant warrant 
to levy the penalty for the use of the printer ; the persons 
appoynted to receive the pay for the printer in the County 
Townes, are for Hartford, the printer himself, for New Ha- 
ven, Mr. John Hudson, for Fayrefield, Mr. John Burr, fos 
New London* Mr. Joshua RavmonaV* 



Questions and Answers. 137 

vision are but slender, we having Towns about it 
that can convey Provisions to it upon all occa- 
sions — other good Harbours we have, and one es- 
pecially, at a Town called New London, former- 
ly called Pequott, near which the English of Con- 
necticott obtained a memorable victory over the 
Pequotts, the first and most fatall blow the Indi- 
ans rec'd from the English in New England, till 
the late warr in 1675 and 1676. The Harbour 
lyeth about a league up the River, where the Town 
is : ships of great burthen may come up to Town 
and lye secure in any winds, where is great need 
of Fortification, but we want estate to make For- 
tification, and purchase artillery for it, and we 
should thankfully acknowledge the favour of any 
benefactors that would contribute towards the do- 
ing of something towards the good work. 

7. It is rare that ever there comes any here on 
those dangerous coasts, only about two years agoe 
there came a French Captain called Lamoine, 
with three shipps, one of which wintered at New 
London, and in the spring went of to sea. 

8. As for our Indian neighbours in this Colo- 
ny, we compute them to be about 500 fighting 
men, as for our neighbours of York, Massachu- 
setts and Plimouth, we suppose they are to an- 
swer to the same questions, and know better what 
their strength, and the number of the natives is 
amongst them ; as to the French, we are strangers 
to them, and know nothing of their strength or 
comerce. Our chief trade for procureing of cloa- 
thing, is by sending what Provisions we raise to 
Boston, where we buy goods with it to cloath us, 
the trade with the Indians in this Colony is worth 
nothing, for by reason of warrs they have with 
other remote Indians, they gett little Peltry. 

9. We have neighbourly correspondence with 

12* 



138 Questions and Answers. 

New Plimoutb, and the Massachusetts, and since 
Sr Edmund Andross is come to York, our corres- 
pondence with him, is not like what it was with his 
predecessor in that Government ; as for Rhoad 
Island, we have not so good correspondence with 
them as we desire. 

10. Our Boundaries are expressed in our 
Charter. As to the number of acres settled, or 
unsettled, or how much is manureable, we cannot 
guess, the country being a mountainous country, 
full of rocks, swamps, hills, and most that is fit for 
plantations is taken up, what remains must be sub- 
dued, and gained out' of the fire, as it were, by 
hard blows and for small recompence. 

11. Our principall Towns are Hartford, upon 
Connecticott River, New London, upon Pequott 
River, New Haven and Fairfield, by the sea side, 
in which towns is managed the principall trade of 
the Colony ; our buildings are generally of wood, 
some there are of stone and brick, many of them 
of good strength and comliness for a wilderness', 
both those of wood, stone and brick. 

12. We have twenty-six small Towns* al- 
ready setled in our Colony, and in one of them 
we have two Churches. 

13. Between the Narragansett River, our last 
Bounds, and Momoronack Rivolett, our Western 
Bounds, are those Rivers following : The River 
of Connecticott, at the entrance of which there 
is but about 10 or 12 foot at high water, vessels of 
50 or GO tunns, sometimes 80 tunns will goe up 60 
miles in that River, to the Town of Hartford, but 
by reason of flatts and falls, they cannot goe above 
6 miles beyond Hartford — New London or Pe- 
quott River, where a ship of 500 tunns may go up 

* Rye and Bedford were included in this number. 



Questions and Answers. 139 

to the Town, and come so near the shoar, that they 
may toss a biskitt on shoar, and vessells of about 
30 tons may pass up about twelve miles above 
New London, near to a Town called Norwich — ■ 
at New Haven and Fairfield, ships of three hun- 
dred tonns or bigger, may come into the Har- 
bours — at Guilford, Milford, Norwalk, Stratford 
and Rye, vessells of about 30 or 40 tonns may 
come in, and they are pretty good Tide Harbours. 

14. The commodities of the country are wheat, 
peas, rye, barly, Indian corn, and pork, beef, wool, 
hemp, flax, cyder, perry, and tarr, deal boards, 
pipe staves, horses ; but to say the yearly value of 
what is exported, or spent upon the place, we can- 
not. The most is transported to Boston, and there 
bartered for cloathing, som small quantities direct- 
ly sent to Barbadoes, Jamacia and the Carribbe 
Islands, and there bartered for sugar, cotton wool 
and rumm, and som money; and now and then 
rarely some vessells are loaden with staves, pease, 
pork and flower, to Madera and Ffyal, and then 
barter their comoditys for wine ; we have no need 
of Virginia trade, most people planting so much 
tobacco as they spend, our wheat having been 
much blasted, and our peas spoiled with worms 
for sundry years past, our trade is much abated. 
For the materials for sniping, here is good timber, 
of oak, pine and spruce for masts, oak boards and 
pine boards, tar, pitch and hemp. The value of 
the comoditys imported yearly, we cannot com- 
pute, but possible it is 8000 or 9000 pounds. 

15. We have no Salt Peter raised in our Colo- 
ny, neither do we know how to raise it, or wheth- 
er here be the materials that will make it. 

16. In our Colony there are about 20 petty 
merchants, som trade only to Boston, som to Bos- 
ton and the Indias, others to Boston and New 



140 Questions and Answers. 

York, others to Boston, the Indias and Newfound- 
land. As for Forreigne Merchants, a few, and 
very few seldom trade hither ; as to the number 
of Planters, they are included in our train bands, 
all from 16 to 60, being to bear arms. There are 
but a few Servants amongst us, and less Slaves, 
not above 30 as we judge in the Colony. 

17. For English, Scotch and Irish, there are 
so few come in, that we cannot give a certain ac- 
count, some years comes none, sometimes a fami- 
ly or two in a year, and for Blacks, there comes 
sometimes 3 or 4 in a year from Barbadoes, and 
they are sold usually at the rate of £22 a piece, 
sometimes more, and sometimes less, according as 
men can agree w T ith the masters of vessells or 
Merchants that bring them hither. 

18. We can give no account of the perfect 
number of either, born, but few Blacks, and but 
two Blacks christened, as we know of. 

19. We can give no perfect account of it. 

20. This we cannot give account of, but as to 
the increase, take it as folio weth : 

In the year, 1671, our number of men was 2050. 
In the year 1676, our number was 2303. 
In the year 1677, our number was 2365. 
In the year 1678, our number was 2490. 
In the year 1679, our number was 2507. 

21. As to the Estates of the Merchants, we 
can make no guess of them, but for the Estates of 
the Corporation in general, it doth amount to about 
£110,788. Houses are so chargable to main- 
tain, that they are not valued in the above men- 
tioned sum. 

22. It is rare any vessels come to trade with 
us, but what come from Massachusetts Colony or 
New York ; but sundry of their vessels do come 
and transport our provision for our Merchants to 



Questions and Answers. 141 

Boston, the account of our own vessels followeth : 

In Stamford 1 Pink, 80 ton, and 1 Sloop, 10 
tonns. 

In Stratford 1 Sloop, 12 tonns. 

In Milford 1 Pink, 80 ton, 1 Bark, 12 ton, 1 
Ketch, 50 tons. 

In New Haven 1 Pink, 60 ton, 1 Sloop, 30 ton, 
1 Ketch, 24 tonns, and 1 Sloop 12 tonus, and 1 
Sloop 8 tons. 

In Brandford 1 Barque, 30 tonns. 

In Kinnelworth 2 Sloops, one 18, one 14 tonns. 

In Saybrook 2 small Sloops. 

In Middletown 1 Ship, 70 tonns. 

In Hartford 1 Ship, 90 tonns. 

In Lyme 1 Ketch, 70 tonns. 

In New London 2 Ships, 1 70 tonns, 1 90 tonns, 
3 Ketches about 50 tonns a piece, 2 Sloops, 15 
tonns a piece. 

In Stonington 1 Sloop, 10 tonns. 

23. The want of men of Estates to venture 
abroad, and of money at home, for the manage- 
ment of trade and labour, being so with us. 

24. • If so be that Hartford, New London, New 
Haven and Fairfield, might be made free Ports for 
20 or 15 years, it would be a means to bring trade 
there, and much increase the navigation, trade and 
wealth of this poor colony. 

25. We take no duties of goods exported out 
of our Government, nor of any goods imported, 
except on wine and liquors, which is inconsider- 
able, and improved towards the maintenance of 
free schools. 

26. Our people in this colony, are some strict 
Congregationall men, others, more large Congre- 
gational men, and some moderate Presbiterians : 
and take the Congregationall men of both sorts, 
they are the greatest part of people in the colony ; 



142 Questions and Answers. 

there are 4 or 6 sevenths day men, and about so 
many more quakers. 

27. Great care is taken for the instruction of 
the people, in the Christian Religion, by ministers 
Chattechising of them, and preaching to them 
twice every Sabbath day, and sometimes on Lec- 
ture days, and so by masters of families, instruct- 
ing and chattechising their children and servants, 
being required so to do by law. In our corpora- 
tion are 26 towns as aforesaid, and there is 21 
Churches in them. There is in every town in' 
our colony a setled minister, except it be in two 
towns new begun, and they are looking out for a'* 
minister to settle amongst them. For the main- 
tenance of the ministers, it is raised upon the peo- 
ple by way of rate, and it is in some places, £100 
per annum, some 90. some 80, but in no place 
less than 50 pounds per annum, as we know of, 
and so the proportion raised, is according as the 
occasion of the minister calls for it, and the peo- 
ples ability will allow. For the poor it is ordered 
that they be relieved by the towns where they 
live, every town providing for their own poor, and 
so for impotent persons, there is seldom any wants 
relief, because labour is dear, viz. 2s and some- 
times 2s 6d a day, for day labourers, and provis- 
ions cheap, viz. wheat 4s per bushell, Winchester 
measure, pease 3s per bushell, indian corne 2s 6d 
per bushell, pork 3d per pound, beeif 2 l-2d per 
pound, butter 6d. Beggars and vagabond persons 
are not suffered, but when discovered bound out 
to service, yett sometimes a vagabond person will x 
pass up and down the country, and abuse the peo- 
ple with fals news, cheat and steal, but when they 



Questions and Answers. 143 

are discovered they are punished according to 
their offence. 

WILLIAM LEET, Governour. 
Pr. order, John Allyn, Sec'ry. 
Hartford, July 15th, 1G80. 



These for Mr. Blathwayte, Esq. at the Phintation 
office at White Hall, ]jr. him to be delivered to 
the Right Hon'ble, the Lords of his Ma' ties most 
Hon'ble Privy Councill. 

Right Hon'ble — 

Your letter of the 1st day of August 1679, we 
'have received, and it is greatefully accepted pr. 
us, that such hon'ble personages as yourselves are 
pleased to take notice of us, your honours poor 
countrymen, in so remote a part of this wilderness, 
and that you are so studious to promoate the 
publique good, we have returned a brief answer 
to those questions your honors have been pleased 
to require an answer of us, which with all plainess 
and truth, charitableness be acceptable to your 
hands, you may farther please to understand, that 
we are but a poor people, we have lost and spent 
much of o'r estates in the last Indian war o'r ex- 
pences w'th o'r loss cannot be estimated less than 
£30,000, and no other advantage gayned by it 
than the riddance of some of o'r bad neighbours ; 
in o'r answers you will understand o'r way of live- 
ing, for the most part, we labour in tilling the 
ground, and by that time a yeares travels and 
labour hath gathered some small parcell of pro- 
vision, it is transported to the market at Boston, 
and halfe a crown will not buy so much goods of 
any sort as 18 pence will in England ; besides for 



144 Questions and Answers, 

sundry years past the holy providence of God hath 
smitten us year after year, with blastings and 
mildues, whereby we have lost the great part of 
our wheat every yeare, and these 3 or 4 last 
years, there is a worme breads in o'r pease which 
doth much damnify them, so that we are like, 
(by reason of o'r losses at home and the heighten- 
ed price of goods from abroad) to remaine a poor 
but loyall people, and we humbly request your 
honours to represent us to his sacred Ma'tie and 
if by your Lordships mediation his Ma'tie be 
pleased to cast any rayes of his favour upon us, 
and grant unto us that New London, or some 
other of our Ports might be made free Ports for. 
20 or 15, or 10 yeares, it would be a great means 
to move men of estates to trade and settle there, 
it would bring trade hither, so that the wealth of 
this his Ma'ties colony would be encreased and 
his Ma'tie in. the conclusion receive no damage 
thereby ; Right hon'ble we request your pardon 
for o'r boldness herein, and desire that we may 
enjoy your favours, and that you would graciousjy 
be pleased so to tenderness as that we may be 
upheld under your honours shaddow in the full 
injoyment of all those priviledges and immunities 
his Ma'tie hath been pleased to grant unto us, and 
for your honour, we shall ever pray and remayne 
your honours most obedient and dutifull servants, 
the Govr. and Councill of Connecticott. 

WM. LEET, Govr. 
Hartford, July 15, 1680. 



Order from Lords of the Council, 145 



An order of the Lords of the Privy Council, for 
apprehending William Kelso, 

Att the Court at White Hall, ) 

this 22d day of March, 1681. \ 

By the Right Honnourable, the Lords 

of his Majesties Privy Councill— 

Upon reading this day, at the board, the annexed 
copy of a deposition of Francis Branson, com- 
mander of the ship Anne and Hester, setting forth 
that one William Kelso, Chirrurgeon of the said 
ship, did in his way hence to New England, con- 
fesse, (in the presence and hearing of the deponent) 
that he was Chirurgeon General], in the late re- 
bellion in Scotland, and likewise give out suspi- 
cions words, as if he had likewise been concerned 
in the horrid and barbarous murder of the late 
Arch Bishop of St. Andrews. It was this day 
ordered by their Lordships in Councill, that the 
Right Honnourable Secretary Jenkins, (upon pe- 
rusall of the said deposition,) prepare letters for 
his Majesties Royall signature, requiring and 
commanding the Governours or Commanders-in- 
Chief of his Majesties severall colonys, in New 
England, forthwith to cause the said William 
Kelso to be apprehended, and sent over hither in 
safe custody by the first shipps, in order to his 
being proceeded against for the said crimes .ac- 
cording to law. 

PH : LLOYD. 

13 



146 * Letter from Charles II. 



A Letter from his Majesty Charles 2d, to the Gov- 
ernor and Council! of the Province of Connec- 
ticut, in relation to the Province of New Hamp- 
shire, fyc. 

Charles R. 

Trusty and well beloved, we greet you well : — 
Whereas we have thought fitt to take the Govern- 
ment of our province of New Hampshire, into our 
immediate care, and have for the better protec- 
tion of the inhabitants thereof, constituted and 
appointed our trusty and well beloved Edward 
Cranfield, Esqr. our Lieut. Governour and Com- 
mander-in-Chief of that Province, with especiall 
directions among other things to be ayding and 
assisting to the best of his powers, and with the 
forces under his command, unto our loveing sub- 
jects of the neighbouring colonies within our 
dominions of New England, and perticularly to 
our colony of Connecticutt, in case of any insur- 
rection or rebellion, or if any attempt or invasion 
of any of our enemies, whereby our subjects may 
be annoyed or disturbed in the quiet and peace- 
able enjoyment of their properties and estates, we 
are therefore pleased hereby to signifie the same 
unto you, as an effect of our gracious disposition 
for the security and benefitt of our colony under 
your Government, and to lett you understand that 
we doe in the same manner expect and require 
that a mutual assistance be readily given by you, 
and our said colony of Connecticott, unto the said 
Edward Cranfield, and our good subjects inhabit- 
ing within the Government wherewith he is in- 
trusted, if the like invasion or attempt shall at 
any time be made upon them by any people or 



Letter from Charles II. 147 

nation whatsoever, whether Indians or others, and 
that you afford them on such occasion, such num- 
ber of forces, and other aid, as the condition of 
our colony under your direction shall permitt, 
which we will esteeme an acceptable service unto 
uss, as it will much conduce to the common 
safety and preservation of all our subjects afore- 
said, and so we bid you farewell. 

Given at our Court at Windsor, the 5th day of 
June, 1682, in the four and thirtieth year of our 
Reigne. 

By his Majesties Command, 

L: JENKINS. 

To our trusty and well beloved, the Governour 
and Councill of our colony of Connecticott, in 
New England, now and for the time being. 



A Letter from his Majesty Charles 2d, with orders 
to apprehend William Kelso. 

Charles R. 

Trusty and well beloved, we greet you well : 

You will see by an affidavit whereupon an order 
of Councill hath been made, (copies of both which 
are herewith sent you) one William Kelso, Chir- 
urgeon of the ship Anne and Hester, did in his 
voyage to New England, confesse that he had been 
Chirurgeon Generall to the forces engaged in the 
late rebellion in Scotland, having also given out 
suspicious words as if he had been concerned in 
that horrid and barbarous murder of the late 



148 Letter from Charles IL 

Arch Bishop of St. Andrews, which we hold our- 
self by the laws of God and man to prossecute 
upon all those that shall be found guilty thereof: 
we do therefore require and command you forth- 
with to cause dilligent search to be made through- 
out all your Government for the said William 
Kelso, and being found, to cause him to be appre- 
hended, and sent over thither in safe custody, by 
the first shipps bound from thence to England, in 
order to his being proceeded against for the said 
crimes according to law : Hereof you are not to 
faile as you tender our displeasure ; and so we bid 
you farewell. 

Given at our Court, at White Ball, the 30th day 
of September, 1682, in the four and thirtieth year 
of our Reigne. 

By his Majesties Command, 

L. JENKINS. 

To our trusty and well beloved, the Governour 
and Councill of our colony of Connecticott, in 
New England. 



Letter from his Majesty Charles 2d, relative to 
Privateers and Pirates. 

Charles R. 

Trusty and well beloved, wee greet you well : — 
Whereas we are informed of great disorders and 
depredations, daily committed, to the prejudice of 
our allyes, contrary to treaty between us, and a 
good correspondence that ought to be maintained 



Letter from Charles II. 149 

between Christian Princes and States. And we 
haveing already given strict order in our Island of 
Jamaica, against such illegall proceedings, by 
passing a law for restraining and punishing Pri- 
vateers and Pyrates ; our will and pleasure is, 
that you take care that such a law, (a copie where- 
with is sent you) be passed within our colony, 
under your Government, which you are to certifie 
unto us by the first opportunity. And so we bid 
you heartily farewell. 

Given at our Court at New Markett, the 8th 
day of March, 1683. 

Bv his Majesties command. 

L. JENKINS. 

To our trusty and well beloved, our Governour 
and company of our colony of Connecticott, in 
New England, in America. 



An act for the restraining and punishing Priva- 
teers and Pyrates. 

Whereas nothing can more contribute to his 
sacred honnour, than that such articles as are con- 
cluded and agreed on, in all treaties of peace, 
should by all his Majesties subjects, according to 
their duty, be most inviolably preserved and kept, 
in and over all his Majesties dominions and terri- 
tories ; and whereas not only against such treaties 
of peace, made by his Majesty with his allies, but 
also contrary to his Majesties Royall Proclamation, 
severall of his subjects have and do continually 
go oft' from this colony into foreign Princes ser- 
vices, and sail under their commissions, contrary 
to their duty and good allegiance, and by fair 
meanes cannot be restrained from so doing. 
13* 



150 Letter from Charles II. 

Be it therefore enacted by and 

it is hereby enacted by the authority of the same, 
that from and after publication hereof, it shall be 
fellony for any person, which now doth, or within 
four years last past, heretofore hath, or hereafter 
shall inhabitt or belong to this colony, to serve in 
America, in a hostile manner, under any foreign 
Prince, State or Potentate, or any imployed under 
any of them, against any other foreign Prince, 
State or Potentate, in amity with his Majesty, 
without special lycense for so doing, under the 
hand and seal of the Governour or Commander- 
in-chief of this colony, for the time being, and that 
all and every offender or offenders, contrary to 
the true intent of this act, being thereof duly con- 
victed in any of his Majesties Courts of Judicature 
within this colony : To which Court authority is 
hereby given to hear and determine the same, as 
in other cases of fellony, shall suffer pains of death 
without the benefitt of the clergy : Provided nev- 
ertheless, that this act, nor any thing therein con- 
tained, shall extend to any person or persons, 
which now are, or have been in the service orim- 
ployment of any forreign Prince, State or Poten- 
tate whatsoever, that shall return to this Colony 
and leave and desert such service and employment 
before the first day of January next ensuing, ren- 
dering themselves to the Governour or Comman- 
der in Chief for the time being, and giveing him 
such security as he shall appoint for their future 
good behaviour ; and also that they shall not de- 
part this Colony without the Governours leave. 

And for the better and more speedy execution 
of Justice upon such, who having comitted Trea- 
sons, Piracies, Fellonies and other offences upon 
the sea, shall be apprehended in, or brought Pris- 
oners to this Colony; be it further enacted, by the 



Letter from Charles II. 151 

authority aforesaid, that all Treasons, Fellonies, 
Piracies, Robberies, Murthers or confederacies 
comitted, or that shall hereafter be comitted upon 
the Sea, or in any Haven, Creek or Bay, shall be 
inquired, tryed, heard, determined and judged with- 
in this Colony, in such like forme, as if such of- 
fence had been comitted in and upon the land ; and 
to that end and purpose comissions shall be had 
under the Kings great Seal of this Colony, direct- 
ed to the Judge or Judges of the Admiralty of this 
Colony for the time being, and to such other sub- 
stantiail persons, as by his Majesties Governour or 
Commander in Chief of this Colony for the time 
being, shall be named or appointed, which said 
commissioners or such quorum of them, as by such 
commission shall be thereunto authorized, shall 
have full power to do all things in and about the 
inquiry, hearing, determining, adjudging and pun- 
ishing of any of the crimes and offences aforesaid, 
as any comissioners to be appointed under the 
great Seal of England, by vertue of a Statute 
v made in the twenty eighth year of the Reign of 
King Henry 8th, are impowered to do and exe- 
cute within the Kingdom of England ; and that 
the said offenders which are, or shall be appre- 
hended in, or brought prisoners to this Colony, 
shall be lyable to such order, process, judgments 
and executions, by vertue of such comission to be 
grounded upon this act, as might be awarded or 
given against them, if they were proceeded against 
within the Realm of England, by vertue of any 
comission, grounded upon the said Stattute. And 
all tryalls hereafter had against criminall or crim- 
inals before any Judge or Judges, by vertue of 
such comission or authority at any time hereto- 
fore granted, and all proceedings thereupon are 
hereby ratified, confirmed and adjudged lawfull, 



1 52 Letter from Charles II. 

and all such Judges, with all and every the inferi- 
our officers that have acted thereby, are hereby 
indemnified to all intents and purposes whatsoev- 
er, and in case they or any of them shall at any 
time hereafter be sued, vexed, molested or troub- 
len for any such their proceedings as aforesaid, he 
or they so sued, vexed or molested, shall plead the 
general issue, and give this act in evidence. Any 
Law, Statute or custome or usage to the contrary 
in any wise notwithstanding. 

And be it further enacted by the authority afore- 
said, that all and every person or persons that 
shall any way knowingly, entertain, harbour, con- 
ceal, trade or hold any correspondence by letter or 
otherwise, with any person or persons, that shall 
be "deemed or adjudged to be Privateers, Pirates 
or other offenders within the construction of this 
act, and that shall not readily endeavour, to the 
best of his or their power to apprehend or cause 
to be apprehended such offender or offenders, shall 
be liable to be prosecuted as accessaries or con- 
federates, and to suffer such pains and penalties 
as in such case by law is provided. And for the 
better and more effectuall execution of this act, 
Be it further enacted by the authority aforesaid, 
that all comission officers in their seve rail precincts 
within this Colony, are hereby required and im- 
powered, upon his or their knowledge, or notice 
given, that any Privateers, Pirates or other per- 
sons suspected to be upon any unlawfull designe, 
are in any place within their respective precincts, 
to raise and levy such a number of well armed 
men, as he or they shall think needfull for the sei- 
zing upon, binding and carrying to Goal, all and 
every such person or persons ; and in case of any 
resistance or refusall to yield obedience to his Ma- 
jesties authority, it shall be lawfull to kill or de- 



Commission to Edward Cranfield and others. 153 

stroy such person or persons, and all and every 
person or persons, that shall oppose or resist by 
stnkeing or fireing upon any of the comanded 
parties, shall be deemed, taken and adjudged as 
fellons without benefitt of the Clergy ; and every 
such officer that shall omitt or neglect his duty 
therein, shall forfeit fifty pounds currant money of 
this Colony for every such offence, to be recover- 
ed in any of his Majesties Courts of Record with- 
in this Colony, by bill, plaint or information, where- 
in no Essoigne, wager of Law or protection shall 
be allowed, one moiety thereof to be to our Sov- 
reigne Lord the King, his heirs and successors for 
and towards the support of the government of this 
Colony, and the contingent charges thereof; and 
the other moiety to the informer, and all and eve- 
ry person or persons that, upon orders given him 
or them, shall refuse to repair immediately, with 
his or their arms well fixed, and ammunition, to 
such place or places as shall be appointed by the 
said officer, and not readily obey his comands in 
the execution of the premises, shall be liable to 
such fine or corporall punishment as by a Regi- 
mentall Court Marshall, shall be thought fitt. 



His Majesties Commission to Edward Cranfield 
and others, for examining the several claims and 
titles to the Narraganset country. 

Charles R. 

Charles the second by the Grace of God, King 
of England, Scottland, France and Ireland, defen- 



154 Commission to Edward Or airfield and others. 

der of the faith &c. To our trusty and well be- 
loved Edward Cranfield Esqr, our Lieut. Govern- 
our and Commander in Chief of New Hampshire, 
and to William Stoughton, Joseph Dudley, Ed- 
ward Randolph, Samuel Shrimpton, John Fitz 
Winthrop, Edward Palmes, John Pynchon Junior, 
and Nathaniel Saltonstall Esqrs, Greeting. — 
Whereas for the quieting of all disputes that have 
arisen concerning the right of propriety to the 
Jurisdiction and soyle of a certain tract of land 
within our Dominion of New England, called the 
Kings Province, or Narraganset country, we have 
thought fitt to cause strict enquiry to be made into 
the severall titles and pretensions which are claim- 
ed or challenged thereunto ; know ye therefore 
that we reposeing cspeciall trust and confidence 
in the prudence, fidelity, and circumspection of 
you the said Edward Cranfield, William Stough- 
ton, Joseph Dudley, Edward Randolph, Samuel 
Shrimpton, John Fitz Winthrop, Edward Palmes, 
John Pinchon, Nathaniel Saltonstall, have assign- 
ed, ordained, constituted and appointed, and do by 
these presents, assign, ordain, constitute and ap- 
point you the said Edward Cranfield, William 
Stoughton, Joseph Dudley, Edward Randolph, 
Samuel Shrimpton, John Fitz Winthrop, Edward 
Palmes, John Pinchon Junior, and Nathaniel Sal- 
tonstall, to be our Commissioners for examining 
and enquiring into the respective claims and titles, 
as well of our self, as of all persons or corpora- 
tions whatsoever, to the immediate Jurisdiction, 
Government or propriety of the soyle of, or with- 
in our Province, commonly called the Kings Prov- 
ince, or Narraganset country, authorizing and im- 
poweringyou, or any three of you, (whereof Ed- 
ward Cranfield or Edward Randolph aforesaid, 
shall be of the Quorum,) to examine and enquire 



Warrant for William Kelso. 155 

into the severall titles abovementioned, and to sum- 
mon and call before you any person or persons, 
and to search Records as you shall find requisite 
for your information in this behalf, as also to take 
examinations upon oath, (which the Governours 
or Magistrates under whose respective Jurisdic- 
tion you shall meet, are hereby required and direct- 
ed to administer unto such person or persons, 
whom you shall so think fitt to call before you) for 
clearing of truth in the cases abovementioned ; 
and your proceedings herein, with your opinions 
upon the matters that shall be examined by you, 
you are to state and report unto us with all conve- 
nient speed, to the end we may upon a finall de- 
termination in our Privy Councill, cause impartiall 
justice to be don and executed where it shall ap- 
pear to belong. And so we bid you farewell — 
From our Court at White Hall, the seventh day 
of Aprill, in the five and thirtieth year of our 
Reigne. By his Majesties command. 

SUNDERLAND. 
Aprill 7th, 1683. ■ 



A Warrant for the apprehension of William Kelso. 

To Hartford Constables — 

Whereas his Majestie Charles the 2d of Eng- 
land, Scotland, France and Ireland, King, Defend- 
er of the fayth &c, by his Royall Letters, dated 
the 30th of September 1682, hath commanded 
that forthwith, search be made after one Wm. 
Kelso, whoe of late hath been chirurgeon of the 



156 Warrant for William Kelso, 

ship Ann and Hester, whoe is suspected to be 
guilty of being concerned in the late Rebellion in 
Scotland, and of the death of the Arch Bishop of 
St. Andrews, and that the sayd Wm. Kelso be 
apprehended and sent over to England by the 
first ship bound thither. 

These are therefore, in his Maj'ties name to will 
and require you forthwith upon sight hereof, to 
make dilligent search for the sayd Wm. Kelso, 
throughout your liberties, and on board any ships 
or vessells in your Harbour, and if you can find 
him, you are to seize him and in safe custody to 
convey him to the common Goale in Hartford, 
there to be secured, till he may be disposed of ac- 
cording to his Ma'ties pleasure in his said Letters 
expressed ; hereof you are not to fayle at your 
perill. 

JOHN ALLYN, Secretary. 

Hartford, June 15th, 1683. 

According to this Warrant, we have made 
search throughout the liberties of this Towne of 
Hartford, for the sayd Wm. Kelso above mention- 
ed, and cannot find nor hear of him. June 19th, 
1683. 

By JOHN SHEPARD, 
JOHN PRATT, 
Constables of Hartford. 



Letter from Duke Hamilton. 157 

Edward Randolph's Letter of Attorney from Will- 
iam Duke Hamilton, fyc. 

Know all men by these presents, that wee Will- 
iam, Duke of Hamilton, and Ann, Dutchess of 
Hamilton, and James, Earle of Aran, Son and 
Heir to the said William and Ann, and Grand- 
Child to James, Marquess of Hamilton, all of the 
Kingdome of Scotland, have and hereby do joint- 
ly and severally constitute and appoint Edward 
Randolph of Boston, New England, Esqr, our law- 
full Attorney for uss, and in our names and use to 
ask, and demand and sue for all Lands and Is- 
lands, Houses and tenements lying and being in 
the Colony and Plantation of New England ; with 
full power to sue for and recover all Right, Title 
and Interest that wee or any of uss have, or may 
have to the said Lands, Islands, Houses and tene- 
ments. And wee do further impower our said 
Attorney to act in, and manage all matters rela- 
ting to the recovery and quiet enjoyment of the 
said Lands and premises. And wee do further 
impower our said Attorney to make and consti- 
tute one or more Attorney or Attorneys, and at 
pleasure to revoake any or all of them; giving 
and granting to our said Attorney, and his substi- 
tute or substitutes, full power and authority, to do 
and conclude all other acts and things needfull to 
be don, in and about the Premises, in as full and 
as ample manner as if we, or any of us were per- 
sonally present, ratifieing and confirming all and 
whatsoever our said Attorney shall doe or cause to 
be don in and about the premises, by vertue of 
these presents. In witness whereof, we the said 
William, Ann and James, have hereunto sett our 
14 



158 Report of Commissioners, 

hands and Seals, at Hamilton, in Scotland, the six- 
teen, and London the 30, days of July, 1683. 

HAMILTON, f~f 
HAMILTON, T~? 

ARAN. 

#~# 

In the presence of 
Ja. Hamilton, 
Da. Crauford/ 

Witnesses to the Duke and Dutchess Signing. 
And in presence of 

Robert Meldvinn, 

William Hamilton, 
Witnesses to the Earle of Aran, Signing and 
Sealing. 



The Report of his Majesties Commissioners to 
King, concerning the Duke Hamilton's claim. 

As a further addition to our report, we humbly 
offer that since the close of your Majesties Com- 
ission, Mr. Edward Randolph ariving and signify- 
ing his power in behalf of his Grace the Duke of 
Hamilton, to make claime to the Kings Province 
or Narragansett country, wee have again convee- 
ned and summoned so many of the proprietors as 
could in so short a time assemble, and in their 
presence and hearing have read a copy of the 
Dukes Deed, and heard Mr. Randolphs pleas and 



Reply to Duke Hamilton's Petition. 159 

improvements thereon and finde it takes in some 
part of the said Province or Narraganset country, 
and have also received the answer and defence of 
said proprietors, which we herewith humbly 
transmitt and submitt to your Majesties consider- 
ation, and have also ordered copies of the Dukes 
deed and proprietors pleas to be sent to the colony 
of Connecticut, to the end they may have opper- 
tunity by the first conveyance to make their an- 
swer and defence before your Majestic 

EDWARD CRANFIELD. 
November 19th, 1683. 



The reply made by the Governor and Council of 
the Colony of Connecticut to Duke Hamilton's 
Petition* 

That it appears not whether the coppie pre- 
sented, be drawn from a deed ratified by the 
great Councill of Plymouth, according to the di- 
rection of their Charter, or whether from a rough 
draught never sealed, the date being but a short 
time before the dissolution of the Councill. But 
if the Dukes deed were authentick, the ends aim- 
ed at, and propounded in the Kings Charter to 
the Councill, and the consideration upon which all 
their grants were founded, viz. propagating the 
Gospel], and planting colonies to the inlargement 
of his Majesties empire, have not been pursued 
by the Duke, neither hath he made any purchase 
from the natives, nor ever taken possession, or 
made any legal claime, or notification of his pre- 
tentions. 



260 Death of Charles II, fyc, 

That we suppose the Lord say and Brooksr 
deed or Pattent, from the Councill of Plymouth, 
bears date, Anno 1631, (or preceeds the Dukes,) 
and includes great part of what is claimed by the 
Duke. 

That the Dukes pretentions being not known, 
his Majestys subjects to the inlargement of his 
empire, have purchased the natives right, and se- 
curity of his Majesties Letters Patients to Connec- 
ticut^ and incouragement of his Gracious Letters- 
to the Colony, the Country hath been planted, 
and with great expence improved, and that his 
Majesties subjects have been engaged in and un- 
dergone a chargable and bloody warr, to secure 
their right and expell the Heathen, the Duke the 
mean while giving no aid nor any ways con- 
cerned. 

That the Dukes title, if his deed had been good, 
failes by the Statute of Limitation, 21, Jac. 16, he 
not pursueing his title in twenty years. 

December, 1683. 



A Letter from the Right Hon. the Lords of the 
Privy Council, with information of the death 
of King Charles 2d, 6pc. 

After our hearty commendations : — It haveing 
pleased Almighty God, this day to take to his 
mercy, out of this troublesome life, our late Sove- 
reigne Lord, King Charles of most blessed mem- 
ory, and thereupon his late Majesties only brother 
and heir King James the second, being here pro- 
claimed, wee have thought fitt hereby to. signifie 



Death of Charles II, fyc. 161 

the same unto you, with directions that with the 
assistance of the Councill, and other the principall 
officers and inhabitants of Connecticott, you pro- 
claime his most sacred Majestie according to the 
forms here inclosed, with the solemnities and cer- 
emonies requisite on the like occasions, and we 
do further transmitt unto you, his Majesties most 
Gracious Proclamation, signifying his Majesties 
pleasure that all men being in office of Govern- 
ment at the desease of the late King, his Majesties 
most dear, and most intirely beloved brother, 
shall so continue as duering his late Majesties life, 
untill his Majesties pleasure be further known ; 
which we do in like manner will and require you 
forthwith to cause to be proclaimed and published 
in the chief place or places within your Jurisdic- 
tion, and so not doubting of your ready comply- 
ance herein, wee bid you heartily farewell. 

From the Councill Chamber in White Hall, the 
sixth day of February, 1684. 

Your verv loving friends, 
M. CANT, DARTMOUTH, 

GUILFORD, J. ERNLE, 

PETERBOROW, HALLIFAX, C. P. S. 
CERAVEN, BEAUFORT, 

AILESBURY, HUNTINGDON, 

MIDDLETON, J. BRIDGEWATER, 

ROCHESTER, L. JENKINS, 

CHESTERFIELD, JOHN NICHOLAS, 
CLARENDON. 

To our very loveing friends, the Governour of 
his Majesties Colony of Connecticott, in New 
England, in America, pr William Lord. 

14* 



iG2 Letter from Sir Lionel Jenkins. 

A Letter from Sir Lionel Jenkins, one of his Ma- 
jesties Secretaries of State. 

White Hall, March 25th, 1684. 

Sir — His Majesty having thought fitt to issue 
out his Royall Proclamation, forbidding his sub- 
jects to enter into the service of Forreign Princes 
and States, and other prohibitions and directions 
therein contained, relating to the newtrality that 
he thinks fit to be observed by his subjects, in this 
time of hostility between his neighbour Princes ; 
I am commanded by his Majestie to send you the 
enclosed copy, and to signifie his pleasure that it 
be duly and speedily published within his Majes- 
ties Colony under your Government, and that you 
take care that it be punctually observed and exe- 
cuted ; whereof his Majesty will expect from you 
an account which I shall desire you to trans mitt 
to me with the first conveniency. 

So I remain Sir, your very Humble Servant, 

L. JENKINS. 

To the Governour of his Majesties Colony of 
Connecticut, in New England, in America. 



Lists of the Colony. 103 



A Generall Court in Hartford, the second Thurs- 
day of September, being 9th day, 1652. 

The Estates and persons of the severall Townes, 
presented to this Court, were as followeth : — 
Hartford, £19,733 19s. 

Windsor, 14,093 00 

Wethersfield, 11,499 00 

Farmington, 5,164 00 

50,489 19 

Saybrook, £3,630 00s. 

Stratford, 7,040 19 

Fayrfield, 8,850 15 



19,521 14 
50,489 10 



Total, £70,011 13s. 



A Generall Court held at Hartford, October 9th. 
1684. 

The Persons and Lists of the Estates of the 
Colony. 

Number of Taxable Persons. 

250 Hartford, £16,730 00s. 

65 Stonington, 5,451 00 

43 Kenilworth, 2,386 00 

120 Stratford, 7,892 00 

184 Fayrfield, 10,302 00 

61 Wallingford, 2,967 00 

97 Stanford, 4,855 00 



164 Address to James II. 



88 


Norwake, 


£5,145 00s. 


62 


Woodbury, 


2,580 00 


96 


Farmington, 


6,315 00 


204 


Wethersfield, 


12,715 00 


240 


Windsor, 


14,045 00 


86 


Saybrook, 


5,125 00 


268 


New Haven,* 


13,127 00 


96 


Guilford, 


6,208 00 


50 


Branford, 


2,911 00 


53 


Lyme, 


3,563 00 


50 


Greenwich, 


2,364 00 


130 


Midleton, 


5,279 00 


150 


Milford, 


9,205 00 


115 


Norwich, 


6,265 00 


43 


Haddum, 

Total, 


1,828 00 


551 


£147,258 00 or 






$490,860, 



Copy of an Address to his Majesty, James the 
second. 

To the most high and mighty Prince, James the 
second, by the Grace of God, of England, Scot- 
land, France and Ireland, Defender of the Fayth, 
Supreme Lord of the Plantation and Colony of 
Conecticut in New England, and all other your 
Ma'ties Territories and Dominions. 

The humble address of your Ma'ties Governo'r 

* New Haven and the towns which follow, were a sepa- 
rate and distinct Colony until 1664, when they became uni- 
ted with the Colony of Connecticut. 



Address to James II. 165 

and Councill of your Colony of Conecticut in 
New England, Humbly sheweth : 

That your Ma'ties most Loyall, and dutifull sub- 
jects haveing received from the Right Hon'ble 
Lords a Letter dated at White Hall, sixth day of 
February, 1684, signifying the death of o'r late 
Sovraigne Charles the second of blessed memory, 
which we doe heartily condole, as allso an order 
for the proclamation of your Royall Ma'tie, King 
of England, Scotland, France and Ireland, Defen- 
der of the Fayth &c, which we have readily and 
heartily attended and proclaymed this day in a 
solemne manner in the head towns of our Colony, 
with acclamations of joy and affection, followed 
with o'r prayers to Almighty God, (by whom 
Kings Reigne,) to bless your Ma'tie with long life 
and a happy Reigne, for the Glory of God, and 
the good of all your Ma'ties subjects. 

Humbly beseeching your most excellent Ma'tie 
to grant the benigne shines of your favour to this 
your poore Colony of Conecticutt, in the contin- 
uance of the liberties and properties granted to us 
by o'r late Soveraigne Charles the second, of bles- 
sed memorie, and that we may be encouraged in 
our small beginings, and live under your Royall 
shadow, a quiet and peaceable life, in all Godly- 
ness and honesty, who are your Ma'ties Loyall, 
dutifull and obedient subjects, the Governo'r and 
Councill of your Ma'ties Colony of Conecticutt. 
ROBERT TREAT, Gov'r. 
By order of the Councill, 

JOHN ALLYN, Secret'ry, 

Hartford, Connecticutt, Aprill 22d, 1685, 



166 Address to James II. 



Hon'ble Sr — 

The Right Hon'ble Lords of the Councills Let- 
ter of the 6th of February past, we received by 
our Governo'r upon the 19th day of this month, 
who thereupon repayred to this place, and called 
his Councill forthwith, who according to their Hon- 
o'rs direction, ordered that his Ma'tie, James the 
second be proclaymed King of England, Scotland, 
France and Ireland, which was accordingly atten- 
ded, and order is taken that his Ma'tie be in like 
manner proclaymed in the other country towns of 
this Colony forthwith. Sr, we take this opportu- 
nely to return our hearty thankes to the Right 
Hon'ble Lords, for their respect and favour to us 
in granting us their orders and direction in the 
afoars'd great affayre, requesting their Honours 
good affection may be continued to us ; we re- 
quest you would be pleased to informe their Lord- 
ships of our ready complyance, allso that you 
would so far favour us as to present the inclosed 
address to o'r Soveraigne Lord, King James the 
second, and represent us to his Ma'tie, his most 
Loyall and dutifull subjects. 

Honourable Sr, we are your Hono'rs most af- 
fectionate Frierids and Humble Servants, the 
Gov'r and Councill of the Colony of Connecti- 
cutt. 

ROBERT TREAT, Gov'r. 
Pr order of the Councill, 

JOHN ALLYN Sec'ry. 

Hartford, April 22d, 1685. 

For the Hon'ble Sr Lyonell Jenkins — at White 
Hall, Humbly presented. 



Letter from James II. 167 



A Letter from King James 2d, relating to an Im- 
position on Sugar and Tobacco, and concerning 
the Duke of Monmouth, and Earll of Argyle. 

James R. 

Trusty and well beloved, wee greet you well, 
as we cannot doubt of the ready and dutifull assu- 
rance and expressions of Loyalty and obedience 
from our good subjects under your Government, 
since our accession to the Crown, so we shall at 
all times extend our Royall care and Protection 
to them in the preservation of their rights, and in 
the defence and security of their persons and Es- 
tates, which we think fitt that you signifie unto the 
inhabitants of our Colony, whereof you are Gov- 
ernour. As also that upon the meeting of our 
Parliament they have for the repairs of our navy, 
and for providing stores for our navy, and ord- 
nance and other important occasions chearfully 
and unanimously given and granted unto us an 
ayde and assistance to be raised and levied upon 
all Tobacco and Sugar to be imported into this 
our Kingdome, according to such rates, and duer- 
ing such time, and in such manner and form as by 
the said act herewith sent you is more particular- 
ly set forth, which imposition, as it is not laid on 
the Planter or Merchant, but only on the Retailer, 
consumptioner or Shopkeeper, we are well assur- 
ed will not be inconvenient or burthensome to our 
subjects in America. But that on the contrary it 
will be of great benefitt, credit and advantage to 
them, by the enabling us the better to defend and 
protect the navigation of this Kingdom, and the 
trade of our Plantations, which cannot butt be of 



I €8 Letter from James II. 

great satisfaction and security to the inhabitants of 
that our Colony. 

We have likewise thought fitt to acquaint you 
for the information of our subjects, under your 
Government, that the peace and quiett of our 
Kingdom of Scottland has received some disturb- 
ance from the Traiterous practices and rebellion 
of the late Earle of Argyle, by his landing in the 
west Highlands, with men and arms, but that it 
has pleased God to deliver that Traitor, and his 
rebellious followers into our hands, so that upon 
seizing his ships and arms and materialls of warr, 
and defeating the multitude he had gathered to- 
gether ; he is now secured in our Castle of Edin- 
burgh in order to his execution, whereby the 
peace of that Kingdom is perfectly re-establisht, 
and our forces there, ready and at leisure to 
receive and obey such orders as our service shall 
require elsewhere. 

Wee are likewise pleased to inform you, that 
the late Duke of Monmouth, since attainted of 
Treason is in the same Traiterous and rebellious 
manner landed in the western parts of this king- 
dom, and with a number of men of the lowest de- 
gree, and many of them unarmed, has given 
disquiet to those parts, but by the care we have 
taken in sending thither a sufficient number of our 
standing forces, of horse, foot, and Dragoons, who 
are now in pursuit of him, we are expecting to 
hear of the totall defeat of that traitor and his 
accomplices, and we being at the same time per- 
fectly assured of the constant and undoubted fidel- 
ity of the Nobility and Gentry, as well as of the 
militia of this kingdom, and having for the better 
confirmation of the peace and tranquility of our 
dominions, ordered such other new levys of horse, 
foot, and dragoons, as will be requisite. We can- 



Address to James IL 269 

*iot faile by the blessing of God, of a happy issue 
and success in our affairs. All which we have 
thought fitt to intimate unto you for the prevent- 
ing any false rumours or reports, which might be 
spread amongst our subjects at that distance, by 
the malicious and traiterous insinuations of ill men, 
and so we bid you farewell. 

Given at our Court, at White Hall, the 26th day 
of June, 1685, in the first year of our Reigne. 
By his Majesties Command, 

SUNDERLAND, 

To our trusty and well beloved, the Governour 
of our colony of Connecticott, in New England, 
in America. 



Copy of an Address to his Majesty James II. 

To the most high and mighty Prince James the 
second, of England, Scotland, France and Ireland, 
King defender of the Faythe, &c. — 

The humble petition and addresse of your Loy- 
all subjects the Governor and company of your 
Ma'ties colony of Connecticut, humbly sheweth— 

That whereas we are informed that there is a 
Quowarranto emitted against this your Ma'ties 
colony of Connecticut^ not yet come to our sight, 
we have taken this opportunity to prostrate our- 
selves upon our bended knees at your Ma'ties feet, 
most humbly beging your Ma'tie out of your 
great compassion and princely Grace, freely to 
pardon and remit all such mistakes or faylures in 
15 



170 Address to James II. 

our management of that power and trust of Gov- 
ernment comitted to us, (which, on the first inti- 
mation we are ready to reforme,) in and by his 
late Ma'tie of blessed memory, Charles the second, 
by his Royall Grant to us, bearing date Aprill 
twenty third, in the fourteenth year of his Reigne, 
and graciously continued by your Ma'ties Procla- 
mation, have proceeded rather from want of a 
right understanding in law then otherwise. And 
that your Ma'tie would Graciously be pleased to 
continue this your Ma'ties colony, happy in the 
full and free injoyment of our liberties and prop- 
erties as formerly ; and by your Royall com- 
mand recall the writ of Quowaranto foremen- 
tioned. 

For may it please your Ma'tie though we are a 
poore, yet a Loyall people, very unwilling to do 
any thing which may be unpleasant to our Sove- 
raigne, for we are resolved through assistance of 
Allmighty God, to approve ourselves your Ma'ties 
dutifull subjects, as we have been to your Ma'ties 
Royall predecessors, which (if we mistake not) to 
our comendation was asserted by our late Sove- 
raigne your Ma'ties most dear brother. 

Dread Soveraigne,we humbly beg and earnest- 
ly beseech your Ma'tie to continue us an intire 
Province or Government within our known 
bounds and colony limits, which we conceive will 
be most for the profit and health of your Ma'ties 
subjects here inhabiting, and the contrary no doubt 
will be very prejudicial! to them, which may 
easily be evinced by good reason, and therefore 
hope to obteyne your Maties favour and protec- 
tion therein. 

Great Sr, we desire and humbly pray your 
Ma'ties favour, that we may still be confirmed in, 



Letter from Ri : Normansell. 171 

and enjoy our Christian Liberties without any 
interruption from any other. 

Most Gracious Sovraigne, we beseech your 
Ma'tie we may find grace in your sight and receive 
a gracious answer to this our humble addresse, 
that we may experiance that in the light of the 
Kings countenance is life, and his favour is as the 
cloud of the latter reigne, and we shall not cease to 
pray the God of heaven, who is the King of Kings, 
to save, bless and prosper your Ma'tie. 

We are your Ma'ties Loyall and dutifull sub- 
jects, the Governor and Company of your colony 
of Conecticutt. 

J. A., S. 



A Letter from the Hon. Ri : Normansell, with 
a writ of Quo-Warranto. 

London, October the 26th, 1686. 

Gentlemen : — 

This day was delivered to my hands (as I am 
secondary to the Sheriffs of London,) a Writ of 
Quo-Warranto, issueing out of the Crown office 
of the Court of Kings Bench, at Westminster, 
against you, the Governour and Company of the 
English Colony of Connecticutt, in New England, 
in America, requiring your appearance before his 
Majestie, wheresoever he shall then be in England, 
in eight days of the purification of the blessed 
virgin Mary, to answer unto our Lord the King, 
by what warrant you claime to have and use 
divers liberties, priviledges and franchises, within 



172 Demand of Charter of Connecticut. 

the said Colony (viz.) in the Parish of St. Micha- 
ell, Cornhill London, of which you are impeacht. 
And that you may not be ignorant of any part of 
the contents of the said writt, I have enclosed, 
sent you a true copee of the same, (in his Majes- 
ties name,) requireing your appearance to it, in 
default whereof the liberties, priviledges and fran- 
chises you claime, and now enjoy, will be forfeit- 
ed to the King, and your Charter made void — of 
this Gent, please to take notice. From your Hum- 
ble Servant, (unknown) 

RI : NORMANSELL. 

These to the Governour and Company of the 
English Colony of Connecticutt, in New England ^ 
in America. 



At a meeting of the Generall Court held at Hart- 
ford, 1687. 

Sundry of the Court desired that the Patent or 
Charter might be brought into the Court* the Sec- 
retary sent tor it and informed the Governo'r and 
Court that he had the Charter and shewed it to 
the Court, and the Gov'r bid him put it into the 
Box again and lay it on the Table and leave the 
Key in the Box, which he did forthwith.* 

* Although not particularly mentioned,, this appears to 
have been the time when the Charter of Connecticut was 
seized, conveyed away and secreted. Sir Edmund Andross 
and suit, guarded by a body of regular troops having arrived 
in Hartford, Sir Edmund peremptorily demanded the surren- 
der of the Charter to him. The Governor of the Colony* 



%y ; * m 







TffiflE ©SAI&S'M&l <:),a,iu' 



"Demand of Charter of Connecticut. 173 

October 31, 16S7. 
His Excellency 'Sir Edmund Andross, Knt, 
Capt. Gene rail and Govn'r of his Majesties Ter- 
ritorie and Dominions in New England, by order 
from his Ma'tie James the second, King of Eng- 
land, Scotland, France and Ireland, the 31 of Oc- 
tober, 1687, took into his own hands the Govern- 
ment of this Colony of Connecticott, it being by 
his Ma'tie annexed to the Massachusetts and other 
Colonys under his Excellencies Government. — 
Finis. 



fearing- if he surrendered it, one less liberal would be given 
the Colony, or rather none at all, which caused much de- 
bate and kept in suspense until evening, and lighting of can- 
dles. At a concerted signal, the lights were instantly extin- 
guished, and Capt. William Wadsworth of Hartford, a bold 
and daring man, (whose posterity reside in this city) in- 
stantly seized the Charter, carried off and secreted it in the 
hollow of a large Oak Tree, in front of the dwelling house of 
the Hon Samuel Wyllys in this city. And though about 
159 years has expired since this event, the Charter Oak, as 
it has ever since been called, is yet standing and in a flour- 
ishing condition, and is often visited, by strangers and travel- 
ers as having been the safe receptacle of the old Charter. — 
The premises are now owned and occupied by a Mr. Ste- 
phen Bulkley, who loving his leisure, more than to gratify the 
curiosity of strangers, forbids their trespasses upon his lands 
to view the ancient Oak. After the Charter was safe, the 
candles were immediately re-lighted, but the Charter was 
not to be found. Sir Edmund assumed the administration of 
the Government of the Colony, which he continued to ad- 
minister for nearly two years in an oppressive manner, until 
the accession to the English Throne of William and Mary, 
in 1688, and the seizure and confinement of Sir Edmund 
and his Council by the people of Boston, which changed the 
complexion of affairs in the Colony. And upon the 9th 
day of May, 1689, Gov. Treat and the former Magistrates, 
resumed the Government of the Colony under the Charter^ 
which had securely remained in the tree until this time, 
with no other injury than a very little discoloration — which is 
now in this office nearly as perfect as when first sent to the 
Colony, in 1662 — a copy of which is hereunto annexed. 
15* 



174 Charter of 1662. 



The Charter of the ancient Colony of Connecticut, 

Charles the second, by the grace of GOD, King 
of England, Scotland, France and Ireland, defen- 
der of the faith, &c. To all to whom these pres- 
ents shall come, Greeting. 

Whereas by the several navigations, discove- 
ries and successful plantations of divers of our 
loving subjects of this our realm of England, sev- 
eral lands, islands, places, colonies and plantations 
have been obtained and settled in that part of the 
continent of America, called New England, and 
thereby the trade and commerce there, hath been 
of late years, much increased: And whereas we 
have been informed by the humble petition of our 
trusty and well beloved John Winthrop, John Ma- 
son, Samuel Wyllys, Henry Clarke, Matthew Ai- 
lyn, John Tapping, Nathan Gold, Richard Treat, 
Richard Lord, Henry Wolcott, John Talcott, Dan- 
iel Clarke, John Ogden, Thomas Wells, Obadiah 
Bruen, John Clarke, Anthony Hawkins, John 
Deming, and Matthew Camfield, being persons 
principally interested in our colony or plantation 
of Connecticut, in New England, that the same 
colony, or the greatest part thereof was purchased 
and obtained for great and valuable considerations, 
and some other part thereof gained by conquest, 
and with much difficulty, and at the only endeav- 
ours, expence, and charges of them and their asso- 
ates, and those under whom they claim, subdued 
and improved, and thereby become a considerable 
enlargement and addition of our dominions and 
interest there. 

Now Know ye, That in consideration thereof, 
and in regard, the said colony is remote from oth- 
er the English plantations in the places aforesaid, 



Charter of 1662. 175 

and to the end the affairs and business which shall 
from time to time happen to arise concerning the 
same, may be duly ordered and managed, we have 
thought fit, and at the humble petition of the per- 
sons aforesaid, and are graciously pleased to cre- 
ate and make them a body politic and corporate, 
with the powers and privileges herein after men- 
tioned ; and accordingly our will and pleasure is, 
and of our especial grace, certain knowledge, and 
mere motion, we have ordained, constituted and 
declared, and by these presents, for us, our heirs 
and successors, do ordain, constitute and declare, 
that they the said John Winthrop, John Mason, 
Samuel Wyllys, Henry Clarke, Matthew Allyn, 
John Tapping, Nathan Gold, Richard Treat, Rich- 
ard Lord, Henry Wolcott, John Talcott, Daniel 
Clarke, John Ogden, Thomas Wells, Obadiah Bru- 
en, John Clarke, Anthony Hawkins, John Deming, 
and Matthew Camfield, and all such others as now 
are, or hereafter shall be admitted and made free 
of the company and society of our colony of Con- 
necticut, in America, shall from time to time, and 
for ever hereafter, be one body corporate and po- 
litic, in fact and name, by the name of Governour 
and company of the English colony of Connecti- 
cut in New England, in America ; and that by 
the same name, they and their successors shall and 
may have perpetual succession, and shall and may 
be persons able and capable in the law, to plead 
and be impleaded, to answer and to be answered 
unto, to defend and be defended in all and singu- 
lar suits, causes, quarrels, matters, actions and 
things, of what kind or nature soever ; and also 
to have, take, possess,acquire, and purchase lands, 
tenements, or hereditaments, or any goods, or chat- 
tels, and the same to lease, grant, demise, alien, 
bargain, sell, and dispose of, as other our liege 



176 Charter of 1662. 

people of this ourrealm of England, or any oth- 
er corporation or body politic within the same may 
lawfully do. 

And further, That the said Governour and com- 
pany, and their successors, shall and may forever 
hereafter have a common seal, to serve and use 
for all causes, matters, things, and affairs whatso- 
ever, of them and their successors, and the same 
seal, to alter, change, break, and make new from 
time to time, at their wills and pleasures, as they 
shall think fit. 

And further, We will and ordain, and by these 
presents, for us, our heirs and successors, do de- 
clare and appoint, That for the better ordering 
and managing of the affairs and business of the 
said company and their successors, there shall be 
one Governour, one Deputy-Governour, and twelve 
Assistants, to be from time to time constituted, 
elected and chosen out of the freemen of the said 
company for the time being, in such manner and 
form as hereafter in these presents is expressed, 
which said officers shall apply themselves to take 
care for the best disposing and ordering of the 
general business and affairs of and concerning the 
land and hereditaments herein after mentioned to 
be granted, and the plantation thereof, and the 
government of the people thereof: And for the 
better execution of our royal pleasure herein, we 
do for us, our heirs, and successors, assign, name, 
constitute and appoint the aforesaid John Win- 
throp to be the first and present Governour of the 
said company, and the said John Mason, to be the 
Deputy-Governour, and the said Samuel Wyllys, 
Matthew Allyn, Nathan Gold, Henry Clarke, 
Richard Treat, John Ogden, John Tapping, John 
Talcott, Thomas Wells, Henry Wolcott, Richard 
Lord and Daniel Clarke, to be the twelve present 



Charter of 1662 177 

Assistants of the said company, to continue in the 
said several offices respectively, until the second 
Thursday, which shall be in the month of October 
now next coming. 

And further, We will, and by these presents for 
us, our heirs, and successors, do ordain and grant, 
That the Governour of the said company for the 
time being, or in his absence by occasion of sick- 
ness, or otherwise by his leave or permission, the 
Deputy-Governour for the time being, shall and 
may from time to time upon all occasions, give or- 
der for the assembling of the said company, and 
calling them together to consult and advise of the 
business and affairs of the said company, and that 
for ever hereafter, twice in e*ery year, That is to 
say, on. every second Thursday in October, and 
on every 2d Thursday in May, or oftener in case it 
shall be requisite ; the assistants, and freemen of 
the said company, or such of them (not exceed- 
ing two persons from each place, town or city) 
who shall be from time to time thereunto elected 
or deputed by the major part of the freemen of the 
respective towns, cities, and places for which they 
shall be elected or deputed, shall have a general 
meeting, or assembly, then and there to consult 
and advise in and about the affairs and business of 
the said company : and that the Governour, or in 
his absence the Deputy-Governour of the said 
company for the time being, and such of the as- 
sistants and freemen of the said company as shall 
be so elected or deputed, and be present at such 
meeting or assembly, or the greatest number of 
them, whereof the Governour or Deputy-Govern- 
our, and six of the. assistants, at least to be seven, 
shall be called the general assembly, and shall 
have full power and authority to alter and change 
their days and times of meeting, or general assem* 



178 Charter of 1662. 

blies, for electing the governour, deputy-govern- 
our, and assistants, or other officers, or any other 
courts, assemblies or meetings, and to choose, 
nominate and appoint such and so many other 
persons as they shall think fit, and shall be willing 
to accept the same, to be free of the said company, 
and body politic, and them into the same to admit ; 
and to elect and constitute such officers as they 
shall think fit and requisite for the ordering, man- 
aging and disposing of the affairs of the said gov- 
ernour and company and their successors. 

And we do hereby for us, our heirs and success- 
ors, establish and ordain, That once in a year for 
ever hereafter, namely, the said second Thursday 
of May, the governaur, deputy-governour, and as- 
sistants of the said company, and other officers of 
the said company, or such of them as the said 
general assembly shall think fit, shall be in the 
said general court and assembly to be held from 
that day or time, newly chosen for the year ensu- 
ing, by such greater part of the said company for 
the time being, then and there present ; and if the 
governour, deputy-governour, and assistants by 
these presents appointed, or such as hereafter be 
newly chosen into their rooms, or any of them, or 
any other the officers to be appointed for the said 
company shall die, or be removed from his or 
their several offices or places before the said gen- 
eral day of election, whom we do hereby declare 
for any misdemeanor or default, to be removable 
by the governour, assistants, and company, or 
such greater part of them in any of the said pub- 
lic courts to be assembled, as is aforesaid, that 
then and in every such case, it shall and may be 
lawful to and for the governour, deputy-governour, 
and assistants, and company aforesaid, or such 
greater part of them so to be assembled, as is 



Charter of 1662. 179 

aforesaid, in any of their assemblies, to proceed to 
a new election of one or more of their company, 
in the room or place, rooms or places of such 
governour, deputy-governour, assistant, or other 
officer or officers so dying or removed, according 
to their discretions, and immediately upon and 
after such election or elections made of such Gov- 
ernour, deputy-governour, assistant or assistants, 
or any other officer of the said company, in man- 
ner and form aforesaid, the authority, office and 
power before given to the former governour, 
deputy-governour, or other officer and officers so 
removed, in whose stead and place new shall be 
chosen, shall as to him and them, and every of 
them respectively cease and determine. 

Provided also, And our will and pleasure is, 
That as well such as are by these presents ap- 
pointed to be the present governour, deputy-gov- 
ernour, and assistants of the said company, as 
those that shall succeed them, and all other offi- 
cers to be appointed and chosen, as aforesaid, 
shall, before they undertake the execution of their 
said offices and places respectively, take their 
several and respective corporal oaths for the due 
and faithful performance of their duties in their 
several offices and places, before such person or 
persons as are by these presents hereafter ap- 
pointed to take and receive the same ; That is to 
say, The said John Winthrop, who is herein be- 
fore nominated and appointed the present gov- 
ernour of the said company, shall take the said 
oath before one or more of the masters of our 
court of chancery for the time being, unto which 
master of chancery, we do by these presents give 
full power and authority to administer the said 
oath to the said John Winthrop accordingly : and 
the said John Mason, who is herein before nom- 



180 Charter of 1662. 

inated and appointed the present deputy govern* 
our of the said company, shall take the said oath 
before the said John Winthrop, or any two of the 
assistants of the said company, unto whom we do 
by these presents give full power and authority to 
administer the said oath to the said John Mason 
accordingly: and the said Samuel Wyllys, Henry 
Clarke, Matthew Allyn, John Tapping, Nathan 
Gold, Richard Treat, Richard Lord, Henry Wol- 
cott, John Talcott, Daniel Clarke, John Ogden, 
and Thomas Wells, who are herein before nom- 
inated and appointed the present assistants of the 
said company, shall take the oath before the said 
John Winthrop, and John Mason, or one of them, 
to whom we do hereby give full power and au- 
thority to administer the same accordingly. And 
our further will and pleasure is, That all and 
every governour, or deputy-governour to be elect- 
ed and chosen by virtue of these presents, shall 
take the said oath before two or more of the as- 
sistants of the said company for the time being, 
unto whom we do by these presents give full 
power and authority to give and administer the 
said oath accordingly ; and the said assistants, 
and every of them, and all and every other officer 
or officers to be hereafter chosen from time to 
time, to take the said oath before the governour, 
or deputy-governour for the time being, unto 
which governour or deputy-governour, we do by 
these presents give full power and authority to 
administer the same accordingly. 

And further, Of our more ample grace, certain 
knowledge, and mere motion,, we have given and 
granted, and by these presents for us, our heirs 
and successors, do give and grant unto the said 
governour and company of the English colony of 
Connecticut, in New England, in America, and to 



Charter of 1662. 18i 

•every inhabitant there, and to every person and 
persons trading thither, and to every such person 
and persons as are or shall be free of the said 
colony, full power and authority from time to 
time, and at all times hereafter, to take ship, trans- 
port and carry away for and towards the planta- 
tion and defence of the said colony, such of our 
loving subjects and strangers, as shall or will wil- 
lingly accompany them in, and to their said colony 
and plantation, except such person and persons, 
as are or shall be therein restrained by us, our 
heirs and successors ; and also to ship and trans- 
port all, and all manner of goods, chattels, mer- 
chandizes, and other things whatsoever that are 
or shall be useful or necessary for the inhabitants 
of the said colony, and may lawfully be transport- 
ed thither: Nevertheless, not to be discharged of 
payment to us, our heirs and successors, of the 
duties, customs and subsidies which are or ought 
to be paid or payable for the same. 

And further, Our will and pleasure is, and we 
do for us, our heirs and successors, ordain, declare, 
and grant unto the said governour and company, 
and their successors, that all, and every the sub- 
jects of us, our heirs, or successors, which shall 
go to inhabit within the said colony, and every of 
their children, which shall happen to be born there, 
or on the seas in going thither, or returning from 
thence, shall have and enjoy all liberties and im- 
munities of free and natural subjects within any 
of the dominions of us, our heirs or successors, 
to all intents, constructions and purposes whatso- 
ever, as if they and every of them were born 
within the realm of England ; and we do author- 
ize and impower the governour, or in his absence 
the deputy-governour for the time being, to ap- 
point two or more of the said assistants at any of 
16 



182 Charter of 1662. 

their courts or assemblies to be held as aforesaid, 
to have power and authority to administer the 
oath of supremacy and obedience to all and every 
person and persons which shall at any time or 
times hereafter go or pass into the said colony of 
Connecticut, unto which said assistants so to be 
appointed as aforesaid, we do by these presents 
give full power and authority to administer the 
said oath accordingly. 

And we do further, of our special grace, certain 
knowledge, and mere motion, give and grant 
unto the said governour and company of the 
English colony of Connecticut, in New England, 
in America, and their successors, that it shall and 
may be lawful to and for the governour, or 
deputy-governour, and such of the assistants of the 
said company- for the time being as shall be as- 
sembled in any of the general courts aforesaid, or 
in any courts to be especially summoned or as- 
sembled for that purpose, or the greater part of 
them, whereof the governour, or deputy-govern- 
our, and six of the assistants to be always seven, 
to erect and make such judicatories, for the hear- 
ing and determining of all actions, causes, matters 
and things happening within the said colony or 
plantation, and which shall be in dispute, and de- 
pending there, as they shall think fit, and conven- 
ient, and also from time to time to make, ordain 
and establish all manner of wholesome, and 
reasonable laws, statutes, ordinances, directions 
and instructions, not contrary to the laws of this 
realm of England, as well for settling the forms 
and ceremonies of government, and magistracy, 
fit and necessary for the said plantation, and the 
inhabitants there, as for naming and stiling all 
sorts of officers, both superior and inferior, which 
they shall find needful for the government and 



Charter of 1662. 183 

plantation of the said colony, and the distinguish- 
ing and setting forth of the several duties, powers 
and limits of every such office and place, and the 
forms of such oaths not being contrary to the laws 
and statutes of this our realm of England, to be 
administered for the execution of the said several 
offices and places as also for the disposing and 
ordering of the election of such of the said officers 
as are to be annually chosen, and of such others 
as shall succeed in case of death or removal, and 
administering the said oath to the new elected 
officers, and granting necessary commissions, and 
for imposition of lawful fines, mulcts, imprison- 
ment or other punishment upon offenders and 
delinquents according to the course of other cor- 
porations within this our kingdom of England, and 
the same laws, fines, mulcts and executions, to 
alter, change, revoke, annul, release, or pardon 
under their common seal, as by the said general 
assembly, or the major part of them shall be 
thought fit, and for the directing, ruling and dis- 
posing of all other matters and things, whereby 
our said people inhabitants there, may be so reli- 
giously, peaceably and civilly governed, as their 
good life and orderly conversation may win and 
invite the natives of the country to the knowledge 
and obedience of the only true GOD, and the 
Saviour of mankind and the Christian faith, which 
in our royal intentions, and the adventurers free 
possession, is the only and principal end of this 
plantation; willing, commanding and requiring, 
and by these presents for us, our heirs and suc- 
cessors, ordaining and appointing, that all such 
laws, statutes and ordinances, instructions, impo- 
sitions and directions as shall be so made by the 
governour, deputy-governour, and assistants as 
aforesaid, and published in writing under their 



184 Charter of 1662. 

common seal, shall carefully and duly be observed,, 
kept, performed, and put in execution, according 
to the true intent and meaning of the same, and 
these our letters patents, or the duplicate, or ex- 
emplification thereof, shall be to all and every such 
officers, superiors and inferiors from time to time, 
for the putting of the same orders, laws, statutes,, 
ordinances, instructions and directions in due exe- 
cution, against us, our heirs and successors, a suf- 
ficient warrant and discharge^ 

And we do further for us, our heirs and succes- 
sors, give and grant unto the said governour and 
company, and their successors, by these presents,, 
that it shall and may be lawful to, and for the chief 
commanders, governours and officers of the said 
company for the time being, who shall be resident 
in the parts of New England hereafter mention- 
ed, and others inhabiting there, by their leave, ad- 
mittance, appointment,, or direction, from time to 
time, and at all times hereafter, for their special 
defence and safety, to assemble, martial-array, and 
put in warlike posture the inhabitants of the said 
colony, and to commissionate, impower, and au- 
thorize such person or persons as they shall think 
fit, to lead and conduct the said inhabitants, and to 
encounter, expulse, repel and resist by force of 
arms, as well by sea as by land, and also to kill,, 
slay, and destroy by all fitting ways, enterprizes, 
and means whatsoever, all and every such person 
or persons as shall at any time hereafter attempt 
or enterprize the destruction, invasion, detriment, 
or annoyance of the said inhabitants or plantation^ 
and to use and exercise the law martial in such 
cases only as occasion shall require ; and to take 
or surprize by all ways and means whatsoever, all 
and every such person and persons, with their 
ships, armour,. ammunition and other goods of such 



Charter of 1662. 185 

as shall in such hostile manner invade or attempt 
the defeating of the said plantation, or the hurt of 
the said company and inhabitants, and upon just 
causes to invade and destroy the natives, or other 
enemies of the said colony. 

Nevertheless, Our will and pleasure is, and we 
do hereby declare unto all christian kings, princes, 
and states, That if any persons which shall here- 
after be of the said company or plantation, or any 
other by appointment of the said governour and 
company for the time being, shall at any time or 
times hereafter rob or spoil by sea or by land, and 
do any hurt, violence, or unlawful hostility to any 
of the subjects of us, our heirs or successors, or 
any of the subjects of any prince or state being 
then in league with us, our heirs or successors, up- 
on complaint of such injury done to any such 
prince or state, or their subjects, we, our heirs and 
successors will make open proclamation within 
any parts of our realm of England fit for that 
purpose, that the person or persons committing 
any such robbery or spoil, shall within the time 
limited by such proclamation, make full restitution 
or satisfaction of all such injuries done or commit- 
ted, so as the said prince, or others so complain- 
ing may be fully satisfied and contented ; and if 
the said person or persons who shall commit any 
such robbery or spoil shall not make satisfaction 
accordingly, within such time so to be limited, that 
then it shall and may be lawful for us, our heirs 
and successors, to put such person or persons out 
of our allegiance and protection ; and that it shall 
and may be lawful and free for all princes or oth- 
ers to prosecute with hostility such offenders, and 
every of them, their, and every of their procur- 
ors, aiders, abettors and counsellors in that behalf. 

Provided also, And our express will and pleas- 
16* 



186 Charier of 1662. 

ure is, and we do by these presents for us, our 
heirs, and successors, ordain and appoint, That 
these presents shall not in any manner hinder any 
of our loving subjects whatsoever to use and exer- 
cise the trade of fishing upon the coast of New 
England, in America, but they and every or any 
of them shall have full and free power and liberty 
to continue, and use the said trade of fishing upon 
the said coast, in any of the seas thereunto adjoin- 
ing, or any arms of the seas, or salt water rivers 
where they have been accustomed to fish, and to 
build and set up on the waste land belonging to 
the said colony of Connecticut, such wharves, 
stages, and work-houses as shall be necessary for 
the salting, drying and keeping of their fish to be 
taken, or gotten upon that coast, any thing in these 
presents contained to the contrary notwithstand- 
ing. 

And know ye further, That we, of our abun- 
dant grace, certain knowledge, and mere motion, 
have given, granted, and confirmed, and by these 
presents for us, our heirs and successors, do give, 
grant and confirm unto the said governour and 
company, and their successors, all that part of our 
dominions in New England in America, bounded 
on the east by Narraganset River, commonly call- 
ed Narraganset Bay, where the said river falleth 
into the sea ; and on the north by the line of the 
Massachusetts plantation ; and on the south by the 
sea ; and in longitude as the line of the Massachu- 
setts colony, running from east to west, that is to 
say, from the said Narraganset Bay on the east, 
to the south sea on the west part, with the islands 
thereunto adjoining, together with all firm lands, 
soils, grounds, havens, ports, rivers, waters, fish- 
ings, mines, minerals, precious stones, quarries, 
and all and singular other commodities, jurisdic- 



Charter of 1662. 187 

tions, royalties, privileges, franchises, pre-eminen- 
ces and hereditaments whatsoever, within the said 
tract, bounds, lands and islands aforesaid, or to 
them or any of them belonging. 

To have and to hold the same unto the said 
governour and company, their successors and as- 
signs for ever, upon trust, and for the use and ben- 
efit of themselves and their associates, freemen of 
the said colony, their heirs and assigns, to be hol- 
den of us, our heirs and successors, as of our 
manor of East Greenwich, in free and common 
soccage, and not in capite, nor by knights service, 
yielding and paying therefore to us, our heirs and 
successors, only the fifth part of all the ore of gold 
and silver which from time to time, and at all 
times hereafter, shall be there gotten, had, or ob- 
tained, in lieu of all services, duties and demands 
whatsoever, to be to us, our heirs, or successors 
therefore, or thereout rendered, made, or paid. 

And lastly, We do for us, our heirs and succes- 
sors, grant to the said governour and company, 
and their successors, by these presents, That these 
our letters patents, shall be firm, good and effec- 
tual in the law, to all intents, constructions, and 
purposes whatsoever, according to our true in- 
tent and meaning herein before declared, as shall 
be construed reputed and adjudged most favoura- 
ble on the behalf, and for the best benefit, and be- 
hoof of the said governour and company, and 
their successors, although express mention of the 
true yearly value or certainty of the premises, or 
any of them, or of any other gifts or grants by 
us, or by any of our progenitors, or predecessors, 
heretofore made to the said governour and compa- 
ny of the English colony of Connecticut, in New 
England, in America, aforesaid, in these presents 
is not made, or any statute, act, ordinance, provis- 



188 Address to King William. 

ion, proclamation, or restriction heretofore had, 
made, enacted, ordained, or provided, or any oth- 
er matter, cause, or thing whatsoever, to the con- 
trary thereof, in any wise notwithstanding. 

In witness whereof, We have caused these our 
letters to be made patents. Witness ourself at 
Westminster, the three and twentieth day of April, 
in the fourteenth year of our reign. [1662.] 

By writ of Privy Seal. 

HOWARD. 



Copy of an Address to King William. 

To the most high and mighty Prince William, 
by the Grace of God, of England, Scotland, 
France and Ireland, King, defender of the fayth, 
&c. 

May it please your most excellent Ma'tie, we 
your dutifull and loyall subjects of your Colony of 
Connecticut in New England, doe most heartily 
rejoyce in, and congratulate your Ma'ties happy 
access unto the imperial Throne of your King- 
domes and Territories thereunto belonging, and 
have long since, upon the joyfull tydings, pro- 
claymed your Ma'tie in the Colony, together with 
your Royall Consort, King and Queen of the said 
Kingdomes and Territories* in whose names we 
have ever since governed your Ma'ties good sub- 

* A General Court held at Hartford June 13th, 1689, by 
special order of the Governour — William, Prince ot Orange, 
and Mary, Princess of Orange, were proclaimed King and 
Queen of England this day. 



The case of the Charter. 189 

jects here, haveing a Charter granted by King 
Charles the second of happy memory, and by rea- 
son of o'r not so rightly understanding the meth- 
ods used in reference to the procedures against 
Charters under the late King, are brought under 
som uneasinesse, though we never resigned o'r 
Charter, nor was it condemned. 

We doe therefore intreat your Ma'ties favour, to 
confirm in the injoyment and improvement of the 
liberties, privileges and properties granted in our 
charter, which we hope your Ma'tie of your 
princely grace and wisdom, will see meet to con- 
tinue to vs. 

And your Petitioners shall ever pray for your 
Ma'ties long and prosperous Reigne and the in- 
crease of yourglorv. 

ROBERT TREAT, Gov'r. 
Pr order of the Councill, 

JOHN ALLYN, Sec'ry. 

Dated in Hartford, on Connecticut, in New 
England, Jan'y 3d, 1690. 



The case concerning the Charter of the Colony of 
Connecticut, by the Attorney and Solicitor Gen- 
era! and others. 

The Corporation of Connecticott Colony, in 
New England, not having under their publick Seal 
surrendered their Charter, there being no surren- 
der upon record, only when it was proposed to 
them by the late King James, that they should 
take their choice, whether thev would be under the 



190 The case of the Charter, 

Governour of New York or of Boston, they hum- 
bly prayed that they might still enjoy the privi- 
ledge of choosing their own Governour according 
to their Charter. But if the King was resolved 
otherwise, they said they had rather be under Bos- 
ton then under New York, after which in the year 
1687, Sr Edmund Andross did by a Commission 
from the late King James, invade the liberty of the 
people in that Colony, and exercise a Govern- 
ment over them, contrary to their Charter, which 
they most unwillingly submitted unto ; but since 
the late happy Revolution in England, the people 
of Connecticott, have chosen a Governour and as- 
sistants, according to their Charter, and doubt not 
but they have & legall right to their former privi- 
ledges. 

Quere — Whether the Charter belonging to Con- 
necticott, in New England, is by means of their 
involuntary submission to Sr Edmund Andross's 
Government, void in law, so as that the King may 
send a Governour to them, contrary to their Char- 
ter priviledges, when there has been no judgment 
entered against their Charter, nor any surrender 
thereof upon record. 

I am of opinion, that such submission as is put 
in this case doth not invalidate the charter, or any 
the powers therein, which was granted under the 
great seal, and that the Charter not being surren- 
dered under the comon seal, and that surrender 
duly inrolled of Record, nor any judgment of Rec- 
ord entered against it, the same remains good and 
valid in the law, and that the Corporation may 
lawfully execute the powers and priviledges there- 



Letter from William III. 191 

by granted, notwithstanding such submission and 
appointment of a Governour as aforesaid. 

EDWARD WARD. 

I am of the same opinion. 

J. SOMERS. 

I am of the same opinion, and as the matter is 
stated, there is no ground of doubt. 

GEO. TREBY. 
2d August, 1690. 



A Letter from his Majesty William 3d, command- 
ing a levy of troops for the aid and assistance 
of the Province of New York. 

William R. 

Trusty and well beloved, we greet you well, — 
Whereas it has been represented unto us in coun- 
cill, in behalf of our province of New York, in 
America, that the same haveing been at great ex- 
pence for the preservation and defence of Albany 
| its frontiers, against the French, by the loss of 
which province the inhabitants of Maryland and 
Virginia, would not be able to live but in garrison, 
and haveing hitherto preserved that post, the bur- 
then thereby is now intollerable to the inhabitants 
there. We think reasonable and necessary that 
our several colonys and provinces of New Eng- 
land, Virginia, Maryland and Pensylvania, should 
be aiding and assisting, from time to time, to the 
Governour or Commander-in-chief of our said 
province of New York, in the maintenance and 



192 Letter from William lit 

defence of it, duering the present warr, and accor- 
dingly our will and pleasure is, that upon applica- 
tion of the said Governour or Commander-in-chief, 
you do immediately send him such aid and assist- 
ance in men or money, for the security of our said 
province, from the attempts of the French and 
Indians, as the condition of the plantation or colo- 
ny under your government, shall permitt, and our 
further will and pleasure is, that as soon as con- 
veniently may be, you agree with the governours 
of New England, Virginia, Maryland and Pensyl- 
vania, unto whom we have sent the like direction?, 
upon a quota of men, or other assistance to be 
given by each colony or province, for the defence 
of New York, as occasion may require the same, 
and that you give a speedy account of your pro- 
ceedings herein, to the end such further directions 
may be given, as shall be necessary for securing 
the fort at Albany, and the province of New York 
from the attempts of our enemies in those parts. 
And so we bid you farewell. 

Given at the court, at White Hall, the 3d day 
of March, 1692-3, in the 5th year of our reigne. 
By his Majesties command, 

NOTTINGHAM. 






To such as for our time being, take care for 
preserving the peace, and administering the Jawslj 
in our colony of Connecticut, in our territory and 
dominion of New England, in America. 






Establishing a Post Office. 193 

Establishing a Post Office. 

Province of Massachusetts Bay. 

At a Councell sitting at the Councell Chamber, 
in Boston, upon Thursday, March ye 30, 1693. 

His Excll'ie being absent from the Province } 
Mr. Stoughton, Esqr. Leivt. Govern'r, 

James Russell, 
John Joyllife, 
John Walley, 
Sam'll Hayman, 
Rich'd Middlecut, I p 
John Richards, 
Sam'll Sewall, 
Peter Sarjeant, 
Joseph Lynde, 
Adam Winthrop. 

Whereas their most excellent Majesties by their 
letters pattents, under the great seal of England, 
have granted unto Thomas Neale, Esqr. his exec- 
utors, &c. full power and authority to erect, settle 
and establish within the chief ports of the sevei all 
Islands, Colonies and Plantations in America, an 
office or offices for the receiving and dispatching 
of letters and packetts for the encouragement and 
benefit of trade and correspondence, to be held, 
used, exercised and injoyed by the said Thomas 
Neale his Execu'rs, Adm'rs, and Assignes dureing 
the term of twenty one years in the said letters 
pattents mentioned ; and her sacred Maj'tie, the 
Queen having speedily recommended unto his 
Excell'cy the Govern'r the assisting and counten- 
ance of Andrew Hamelton, Esqr. deputed and 
constituted to govern and mannage the said Gen'll 
17 



194 Establishing a Post Office. 

Post office for and throughout all the plantations 
and colonies upon the main land or continent of 
North America, his deputy agents or servants 
upon all occasions in the management of the said 
general post office, and the due execution of all 
and singular the power and authoritys contayned 
in the said letters patents. And whereas, the said 
Andrew Hamelton, Esq. hath attented his Ex- 
celPcy and councell about that affair, presenting 
a memoriall, therein proposeing the rates to be 
assertained for the posts of letters, &c. and to be 
continued by the space of three years next come- 
ing, and severall fredomes and immunities to be 
granted unto such as shall be imployed under him 
as post masters at the respective stages, which 
proposalls for the post of letters, are as follows, 
that is to say from Europe, two pence, ye West 
Indies, or from any parts beyond sea, two pence 
each single letter, which is to be accounted such 
altho it claimes bills of lading, Gazets, Invoyces, 
&c. and for all packetts of letters, four pence, 
and if letters or packetts lye at the post office 
uncalled for by the space of forty eight hours, the 
postmaster then sending them forth to the respec- 
tive houses of the persons to whom they are 
directed, one penny more for every such letter or 
packett. The post of inland letters to be as fol- 
lows, that is to say, to be from Rhod Island to 
Boston after the rate of six pence for each single 
letter, and soe in proportion to the greatness and 
quantity of letters, and for letters taken in upon 
post in Connecticott colony for Boston, after the 
rate of nine pence for each single letter, to 
or from New York, after the rate of twelve pence 
for each single letter, to or from Jersies or Pensil- 
vania, after the rate of fifteen pence for each 
single letter, to or from Virginia or Maryland, 
after the rate of two shillings for each single letter, 



Winihrops Commission. 195 

and so proportionally aforesaid, to or from Salem, 
after the rate of three pence for each single letter, 
to and from Ipswich, Newberry or other places 
within this province, four pence for each single 
letter, to and from Piscatagua, six pence for each 
single letter, and so in proportion. All publique 
letters to be receaved and dispatched free of 
charge. 

And that the post pass fferridges free within 
within this province. In consideration whereof, 
the said Andrew Hamelton, Esqr. doth ingage to 
erect the said post office at Boston, by the begin- 
ning of May next, and that the post shall passe 
from Boston to New Yorke, and from Boston to 
Pensilvania every week, and will state the Satter- 
day for its setting forth and returning. The 
Leivt. Gov'r and Councill adviseing upon the afore- 
said proposalls, and apprehending the said under- 
taking to be for their Maj'ties service, and for the 
great advantage of correspondence and trade and 
comerce, do so farr approve thereof as to recom- 
mend the same to the Generall Assembly at their 
next setting to be enacted with such further free- 
dome and immunities to the post master as may 
be encouraging, &c. 

By order of the Leivt. Gov'r and Councill. 

JAS. ADDINGTON, Sec'y. 



Winihrops Commisssion as Agent of the Colony. 

We the Governour and Generall Assembly of 
their Majesties Colony of Connecticut, in New 
England, having speciaal ocasion to make our 



196 Winthrops Commission. 

humble address and petition to our Sovraign Lord 
and Lady, King William, and Queen Mary, whom 
God Almighty preserve and bless, with reference 
to our Charter priviledges in general, and more 
especialy, with reference to the militia of this 
Colony. And having concluded upon the said 
address and petition, reposing special trust and 
confidence in the wisdom and prudence of you 
Major Gen'll Ffitz John Winthrop, Esqr. have 
nominated, chosen, desired, commissioned and 
impowered, and do hereby fully and duly nomin- 
ate, choose, desire, commission and impower you 
the aforenamed Ffitz John Winthrop,. Esqr. for 
us and in our behalf personaly to appear before 
our said Sovraign Lord and Lady, the King and 
Queens Ma'ties, or such others as under them 
may so have cognizance of our said affair, and 
unto them to present our said humble adress and 
petition, and before them to transact what you 
have in instruction, relating to the said affair or 
whatever else may seem to you or your counsel- 
ours reasonably conduceing to the ends of the 
said address and petition, and if by the Provi- 
dence of Almighty God, you are hindred from 
makeing your personal appearance, then to ap- 
point and impower such other person or persons 
in your stead, as may to you seem reasonable, 
and by al due indeavours to obtain their Maj'ties 
gratious approbation of our government as estab- 
lished by Charter, and especialy the command of 
the militia here, be not altered from us to persons 
of other provinces, but continued with us as hith- 
erto it hath been, and to that end, to answer and 
reply to whatsoever may be objected against the 
same, and to act and do in al things lawful in the 
premises and matters whatsoever shall prov& 



Instructions to Winthrop, 197 

reasonably necessary, w'ch we will accordingly 
hold for good. 

Dated in Hartford, in New England, 1st day of 
Sept. Anno. Dom. 1693, and in the 5th yeare of 
their Maj'ties Reigne, and given under the seal of 
their Maj'ties Colony of Connecticut, and signed 

ROBERT TREAT, Gov'r. 

By order of the General Court, 

John Allyn, Secretary. 



Instructions to Agent Winthrop. 

Instructions for the Hon'ble Major Generall 
Fitz John Winthrop, Esqr. from the Governour 
and Generall Assembly of their Majesties Colony 
of Connecticutt, in New England. 

1st. Hon'ble Sr, be pleased to take notice of 
the Commission you have from us, and our address 
and petition to their Majesties, our Soveraigne 
Lord and Lady, King William and Queen Mary, 
in the Generall scope and purport of them whitch 
is to retaine our Charter priviledges, and in spe- 
ciall, the use of the militia to avoyde trouble from 
male contents at home and the overruleings of 
strangers abroad by obteyning their Ma'ties con- 
firmation of us or what other countenance they 
shall please to give us in these respects. 

2dly. You are to remember we have layd in- 
to our Treasurers hands a supply of money for 
your Hono'rs service in the affayre, which please 
to draw out as you see cause and have occasion, 
17* 



198 Instructions to Wintlwop. 

onely we advise not to transport any considerable 
summs, but to remit it to England by Bills of ex- 
change as you please. 

3dly. We entreat and advise that you take the 
soonest and safest opportunety to transporte your- 
self to London, and that you be in all respects ac- 
comodated according to your quallity and busi- 
nesse soe far as our poore abillity will admitt. 

4thly. That you take with you besides our ad- 
dress, your commission and these instructions and 
such other books and papers as the Governo'r and 
Councill may give you, or yourself foresee may 
be usefull in your negotiation, particularly a copy 
of our Charter, one of our Law Books, printed, 
and maniescript to represent the constitution of 
the militia and other our concerns, and a narrative 
of the fidelity we have used in the warrs from 
first to last, to satisfy their Mamies that we have 
given good proofe of our industry in that poynt in 
special!. 

5thly. That you indeavour as speedy an ad- 
mission unto their Ma'ties, or Councills, audien- 
ces as may bee, first informeing yourselfe whether 
any new occurrences there, have happened re- 
specting us. 

6thly. We know you canot forget or be unac- 
quainted with the various designements from and 
for both Yorke and Boston, which you are to have 
ey upon, as they may influence upon us, and use 
and avoyde them as is most conducive to your 
owne business. 

7thly. You will doe well to observe what is 
most gratefull and pleassant at Court and cast 
your application into the mould of prudence to 
render it most acceptable, speedy and successful!. 

8thly. That you indeavour to make what just 



Instructions to Winthrop. 109 

interest you may with persons that may help for- 
ward your purposes. 

9thly. That on your audience (if God shall 
grant it,) you give a more dilated demonstration 
of the chiefe things in the addresse either oraly 
or by writeing or both, as you see best, and espe- 
cially that you labour to sattisfy their Ma'ties that 
our condition and useage is such that we cannot 
be in any other figure without generall discourage- 
ment, and what is next to ruein unto us, the dem- 
onstration of which may much avayle, and that 
there is and hath been a generall satisfaction 
amongst their subjects here in the forme of Gov- 
ernment by the charter, and a serviceableness re- 
sulting from it, which will be we suppose the sat- 
isfying the subjects of their Ma'ties in things not 
unjust nor detrimentall to their Ma'ties interest, 
will weigh much in the issueing it, and among oth- 
er demonstrations, you may make of the acquies- 
sence of the people in theire present settlement, 
you may aledge that of about three thousand men 
in the Colony, about two thousand two hundred 
perticularly appeared to make this address, and 
most of the rest concluded to agree, though by 
private occasions, and not by their respective town 
meetings ; the known generall voyce for it at the 
revolution when Sr Edmund Andross was at Bos- 
ton, their quiet under it ever since ; the pawcity 
of male contents and among them few have facts 
of value for any good qualification, so that were 
it not for three or four persons there is no appear- 
ance of any considerable, and that these appeare 
possibly in the magnifyeing glass of some neigh- 
bours representations in England far greater then 
they are. 

lOthly. You must informe their Ma'ties of the 
state of the Militia here that it is far different from 



200 Instructions to Winthrop, 

what it is in England, namely that all male per- 
sons from sixteen to sixty years of age are soul- 
diers, and so necessitated to be from the scatter- 
ednesse of the country, fewnes of us all, and dan- 
gers from enemies, so that to order the Militia 
here to the Governo'r of an other Province, is to 
deliver us up as to our persons intire to such other 
Governo'r ; none save Magistrates, Ministers, 
Physitians, Millers and impotent persons will be 
left, and this we conceive may avayle much for 
the continuance of the Militia as it is and hath 
been, and the great wages we pay souldiers, thir- 
teen shillings a weeke in dyet and wages to a pri- 
vate sentinell. 

llthly. You may see cause to acquaint their 
Ma'tiesof the great distance we are at from Bos- 
ton and Yorke, and the necessary inconveniencies 
resulting therefrom if the rule of the Militia be 
in other hands then some of their subjects here re- 
sideing. 

12thly. The necessary dependance of the civ- 
ill Government on the power of the Militia in this 
far distant country, so that it will hardly be exe- 
cuted here, or at the best be very despicable, and 
consequently rendered difficult to discouragement. 

13thly. The difficulty of capitulating and set- 
ling any articles or tearmes for the use of the Mi- 
litia for the defence of the Colony support, or ex- 
ecuting the civill part of the Government, with 
the Governour of an other jurisdiction in which 
we are or may be subject to be over ruled on all 
occasions. 

14thly. You may urge as farr as is fitting any 
thing you may be advised of as our right in Law 
to the use under their Ma'ties of the Militia here, 
so that if justice or prudence, both or either may 



Instructions to Winthrop. 201 

hold it to us we may retayne it since we look on 
ourselves as next to undone if we have it not. 

15thly. If you be interogated why we com- 
playned not with Sr Wm. Phips his Lieutenancy, 
you may reply that he never came on the place, 
nor acted on it farther then to give a copy of his 
commission and to inquire who were our officers 
in commission, and that we haveing a commission 
(so to call our charter) could not judge it our duty 
to wave it, at least till we had been heard in the 
matter before their Ma'ties, whose justice and 
clemency we know to be so great, especially since 
no order to us from their Ma'ties about it. 

17thly. You are to assure their Ma'ties that the 
Militia here is and shall (with all the prudence and 
faythfullnesse God shall give us) be improved to 
their Ma'ties best interest, and that we have ayded 
and shall ayde to our abillity our neighbours at 
Boston and Yorke with the same. 

18thly. You may give an accompt of our 
ayde sent to Albany when yourself was there, 
which was a juncture that required the secureing 
the five Nations of Indians, and keeping the 
French at least at home, and when that Govern- 
ment was so dissetled that then there for secureing 
their Ma'ties interest, we voluntarily spent above 
two thousand pownds and lost severall men, be- 
sides Capt. Bulls expedition who Garrisoned there 
at Albany when Senecktaga* was surprized. 

19thly. You are to informe that our scituation 
is such that the townes up the river are ours, and 
a great part of the New England fronteer and an 
ordinary way of the Maquaesf return from Can- 
ada, and where from Canada divers incursions 



* Schenectady. 

f The name of a tribe of Indians, 



202 Instructions to Winthrop. 

have been made and are continually feared, which 
we are continually put upon guarding and releiv- 
ing, for which reason the less is to be expected to 
be done by us elsewhere. 

20thly. Allso our continuall danger by the sea 
coast, where are but few men for so long a shoare. 

21st. If on advice you find our address and 
petition to their Ma'ties not so advantagiously 
drawne as may be, you may draw another, keep- 
ing the same generall purport with that, and signe 
and present and manage it in our behalfe accord- 
ing to these our instructions. 

22d. You may opportunely mix and link in 
your discourses, the hard adventures of our pre- 
decessors and selves, our full establishment, our 
unchangeablenesse to the Crown, our peaceable- 
ness with our neighbours, with what other good 
character your Honour can truely and modestly 
make us on this occasion, so necessarily requireing 
it, and that the sence and dependence of theire 
Ma'ties subjects is, that they shall not now at least 
be frustrate of the ends of so good and chargea- 
ble and extreemly laborious a settlement as they 
are arrived at. 

Many other things may occurre as necessary 
in this transaction, which we generally leave as 
we doe these instructions to your Honours pru- 
dence and that of the gentlemen with home you 
shall have occassion to consult herein. 

And we pray your Honour to use all opportu- 
neties for a good and speedy issue, and that in the 
interim you give us by all seasonable occasions of 
conveyance an accompt of your transactions, our 
prayers shall waite on the Throne of Grace for 
your conduct and a blessing in a happy resolution 
of these matters, and your Honours safe and hap- 



Col. Fletchers Letter. 203 

py returne. Sr, we are your Hono'rs friends and 
Humble Servants. 

ROBERT TREAT, Governour. 

Pr order of the Generall Court, Sept'r 2d, 1693. 
JOHN ALLYN, Sec'ry. 
Hartford, Sept. 1, 1693. 

The 16th article being slipt, is here inserted. 

16th. You may represent to their Ma'ties that 
we have no temptation to hold the use of the Mi- 
litia from any sinister ends, as proffit &c, but 
merely for our safety and peace, &c. 



Col. Fletchers LeVer demanding the command of 
the Militia of Connecticut. 

To the Governour and Generall Court of Con- 
necticut sitting att Hartford, Oct. ye 26th, 1693. 

Gentlemen — I have received your papers 
which is noe answer to my memorial, for I doe 
not demand the Militia from you, knowing very 
well as you yourselves doe, that you have no right 
to itt, being settled on the Kings and Queens of 
England and their successors, by severall acts of 
Parliament and by noe power on earth can be de- 
mised from the present possessor of the Crown, 
but I have in tender regard to this English Colo- 
ly given in my memorial to you, the present ad- 
ministrators of the Goverm't here, in expectation 
of your ready complyance to their Maj'ties Pat- 
tent and your assistance to me, being a stranger in 



204 Col Fletchers Letter. 

these parts, for the more speedy and effect u all ex- 
ecution of that lawfull commission which is grant- 
ed in grace by their Maj'ties, as well for your se- 
curity and defence as the assertion of their own 
right, and this has in no part of their dominions 
found a rub or contest. 

1 doe therefore in their Maj*ties names demand 
your obedience to this commission, as you will an- 
swer the ill consequences that will ensue, and ex- 
pect a speedy replye in two words yes or no. 
BEN. FFLETCHER. 

By his Excellency Benjamin Fletcher, his Maj- 
'ties Liev't and Commander in Chiefe of the Mili- 
tia, and of all the Forces by Sea and by Land, 
within their Majesties Collony of Connecticutt, 
and of all the Forts and places of strength within 
the same. 

M. CLARKSON, Sec'ry. 



Note. — Col. Fletcher, Governor of New York, had recei- 
ved a commission to command the whole Militia of Connec- 
ticut, which was inconsistent with the Charter rights of the 
Colony ; on the 26th Oct. he came to Hartford, where the 
General Court was in Session, and in his Majesty's name 
demanded that the Militia of the Colony should be submit- 
ted to his command. The Militia of Hartford was called 
out ; but the General Court persisted in refusing to submit to 
the demands of Fletcher. A commission was tendered to 
Gov. Treat, authorizing' him to command the Militia as a 
Lieutenant under Fletcher, but the Assembly would not sub- 
mit, and the tender was not accepted : the Militia of Hart- 
ford having paraded, and as the tradition is, while Captain 
Wadsworth the Commanding Officer was walking in front 
of the companies, Col. Fletcher ordered his commission to 
be read. Capt. Wadsworth instantly ordered the drums to 
beat ; and there was such a roaring of them that notning 
else could be heard. Fletcher commanded silence : but no 
sooner had the reading commenced again, than Wadsworth 
commands "drum, drum, I say." The drummers understan- 



Gen. Winthrops Petition. 205 

ding their business, instantly made another tremendous roar 
of the drums. Silence says Fletcher. But no sooner did 
silence ensue than Wadsworth speaks with great earnestness, 
"drum 1 say," and immediately turning to Fletcher, said "if 
I am interrupted again I will make the Sun shine through 
you in an instant." He spoke with such decision and ener- 
gy in his voice, and meaning in his countenance, that no 
further attempts were then made to read the commission. — 
Large numbers of people had assembled, and becoming much 
excited, Col. Fletcher entertained doubts for his personal 
safety, and judged it expedient soon after to leave the place 
and return to New York. 



Gen. Winthrojfs Petition to the King, relative to 
the Commission of Gotfr Fletcher. 

To the King's most Excellent Majesty — 

The Humble Petition of your Majesties loyall 
and dutifull subjects, the Governour and Compa- 
ny of the English Colony of Connecticut, in New- 
England in America, presented by Major General 
Fitz John Winthrop Esqr, their Agent in that be- 
halfe lawfully authorized, sheweth : 

That your Petitioners by Letters Pattents, of 
the late King Charles the second, under the great 
Seal of England, in the fourteenth year of his 
Reigne, were incorporated by the name of the 
Governor and Company of the English Colony 
of Connecticut, in New England in America, and 
by several constitutions and powers specified in 
the said Letters Pattent, had granted to them as 
well the civill administration of the affairs, as the 
Lieutenancy and power of ordering, arraying, 
18 



206 Gen. Winthrops Petition. 

modelling and conducting the Melitia of the said 
Colony, for the special defence and security of the 
same. 

That your Petitioners from the date of the said 
grant, untill the month of October last, have en- 
joyed the said liberties and priviledges without for- 
feiture or mollestation therein [except a little in- 
terruption they received, upon the general im- 
peachment of the English Liberties, towards the 
latter end of the Reigne of the late King James 
the second,] to the great encrease and comfort of 
the inhabitants of the said Colony, and the de- 
fence and security of your Majesties neighbouring 
Provinces. 

That Benjamin Ffletcher Esqr, the present Gov- 
ernour of your Majesties Province of New York, 
in the said month of October last, by colour of 
your Majesties commission, whereby (for the uni- 
ting the forces of the said Province and Colony, 
against the common enemy,) he was created your 
Majesties Commander in Chief of the Melitia of 
the said Colony, did demand of your Petitioners, 
not only to submitt to him as Lieutenant General 
and Commander in Chief over the full Quota of 
the Militia of that Colony in conjunction with 
those of the Province of New York and the other 
adjacent Governments, (which your Petitioners 
were always ready to doe, and to send their said 
Quota, when and wherever commanded by him,) 
but likewise that your Petitioners should surren- 
der to him the perticular Lieutenancy of the said 
Colony of Connecticutt, and their power of as- 
sessing, modelling and establishing the Militia 
thereof, granted to them by the said Charter, 
threatning withall to enforce obedience to his said 
demands, to the great terrour and discouragement 
of the inhabitants of your Majesties said Colony. 



Order of Lords of Privy Council. 207 

That the said Benjamin Ffletcher hath likewise 
endeavoured, by several artifices, to insinuate him- 
self into the civill government of the said Colony; 
and such, the proceedings of the said Benjamin 
Ffletcher, are repugnant to the before mentioned 
grant of King Charles the second, and the true 
intention of your Majesties said commission, (as 
your petitioners do in all humility conceive.) 

Your petitioners therefore humbly pray, that 
the said Commission may receive such explana- 
tion and restriction, and your petitioners have 
such speedy reliefe and order for the quieting the 
said difference for the future, as to your Majesty, 
in your royall justice and wisdome shall seem 
most conduceing to the prosperity of your Ma- 
jesties people and interests in the said colony of 
Connecticut — and your petitioners as in duty 
bound, shall ever pray, &c. 

J. WINTHROP. 

January, 1694. 



An order of the Rt. Hon. the Lords of the Privy 
Council, refer ing the Petition of the Governour 
and Company of the Colony of Connecticut, 
to the Lords of the Council of Trade. 

Att the Court at White Hall, ) 
the 29 January, 1694. ) 

By the Lords of their Majesties 

most Hon'ble Privy Councill — 

Upon reading the annexed Petition of the Gov- 
ernour and Company of the English Colony of 



208 Objections to conduct of Gov. of N. Y. 

Connecticut, in New England, in America, pre- 
sented by their Agent. Major Gen'l Fitz Jon Win- 
throp, complaining of the proceeding of Collonel 
Benjamin Fletcher, Governour of New York, in 
relation to the said Colony, and praying to be re- 
lieved ; it is this day ordered in Councill, that it 
be, and it is hereby refered to the Right Honnour- 
able the Lords of the Comittee of trade and plan- 
tations, to examine, and consider of the matter of 
the said petition, and to report to this board, what 
their Lordships conceive fit for his Majesty to do 
therein. 

RICHARD COLLINGE. 



Objections liaised to the conduct and proceedings 
of the Governour of New York. 

The case of the Governour and Company of the 
English Colony of Connecticut, in New England, 
in America, in relation to the pretensions of his 
Excellency, Benjamin Ffletcher, Esqr. the present 
Governour of New York, laid before the Rt. Hon'- 
ble the Lords of the Councill of Trade, by Gen. 
Winthrop. 

The said Governour and Company were incor- 
porated by Letters Patents of King Charles the 
second, in the fourteenth year of his Reign, which 
among several other powers and constitutions for 
the civill Government of the said Colony, con- 
veyeth to the Governour of the said Company 
" for the time being, or others by his appointment 
and direction, authority to assemble, martial, ar- 
ray and put in warlike posture, the inhabitants of 



Objections to conduct of Gov. of N. Y. 209 

the said colony, and to commissionate such per- 
sons as they shall think fitt to lead and conduct 
the said inhabitants, and to encounter, expulse, 
&c. for the special defence of the said colony." 

There is likewise in the said Charter, a clause 
for the more beneficial construction thereof on the 
behalf of the corporation: and another of nonob- 
stante to all statutes, &c. repugnant to the said 
grant. 

According to which Charter the Governour of 
the said Company for the time being, and such as 
were commissionated by him, have all along had the 
command of the militia of the said colony, for the 
special defence thereof; and the said militia has 
been levied, proportioned and modelled according 
to the locall stattutes and orders of the Colony, 
made with great regard to the abilities and condi- 
tion of the respective towns and divisions therein, 
and in prefect subserviency to the laws of Eng- 
land ; by means of which constitution, this colony 
has ever since the said incorporation, flourished in 
improvements, added to the numbers of its people, 
defended itself in time of war without the help of 
the neighbouring provinces, who yet it hath not 
spared to assist, when invaded, with men, money 
or ammunition, according as was most wanted. 

And the inhabitants thereof, have continually 
behaved themselves with such unblemished loy- 
alty towards the crown of England, that in the 
late Reigns, w r hen a very slender pretence served 
for a ground of seizing the liberties of corporations, 
as legally forfeited, there was not so much as a 
colour found out to vacate the said Charter. 

Since the warr now depending with France, it 
seemed fitting to their present Majesties, that the 
militia of several neighbouring colonys and pro- 
vinces in America, should upon occasion act in 
18* 



210 Objections to conduct of Gov. of N. Y. 

conjunction, under the command of one experi- 
enced Commander-in-chief, for the common safe- 
ty of the English interest ; and thereupon their 
said Majesties, did in the third year of their reigne, 
constitute Sr William Phipps, Knight, Command- 
er-in-chief of all the militia, and forces by land 
and sea, within the several colonyes of Connecti- 
cut, Rhoad Island, Providence Plantation, the 
Naraganset country or Kings province, and the 
province of New Hampshire. To which Com- 
mission of Sr William Phipps, the Governour and 
Company of Connecticut, did never give up the 
Command of the militia, so granted to them, but yet 
did not refuse to attend him with their quota of the 
militia of Connecticut, to act with the other forces 
under his command, and in such manner, as to 
him should seem most conduceing to the com- 
mon security. 

Afterwards, in June last, their Majesties think- 
ing it more convenient that the militia of Connec- 
ticut should act. in conjunction with that of New 
York, then with those of the colonys above named, 
by Commission superseded the said power grant- 
ed to Sr William Phipps, as to the militia of Con- 
necticut, and transfered the same to Benjamin 
Fletcher, Esqr. the present Governour of New 
York, and the Governour of New York for the 
time being. 

That by colour of which last commission, the 
said Benjamin Fletcher, doth not only challenge 
the chief command and conduct of the quota of the 
militia of Connecticut, when raised with the other 
militia of his Governments, for the publick securi- 
ty (which the said Governour and company were 
always ready to submitt to,) but likewise the full 
power of assessing, apportioning and modelling the 
said militia, and requiereth that the said Govern- 



Objections to conduct of Gov. ofN.Y. 211 

our and company should acknowledge him as 
entirely vested with the particular Lieutenancy of 
their colony, and with all the powers and rights 
any ways relating thereunto, granted to, and yet 
remaining in them, by vertue of* the said Charter, 
for the special defence and protection of the said 
colony, which the said Governour and company 
excuseing themselves from, till their Majesties 
pleasure in the premises should be further known, 
by their agent sent into England for that purpose, 
and humbly requesting the said Benjamin Fletcher, 
in the mean time to accept of their quota, in men 
or money, for the common security, (as was used 
to be done when Sr William Phipps had the like 
commission,) the said Benjamin Fletcher rejected 
that offer, threatening the Generall Councill that 
he would force obedience to his said commands, 
to the great terror of the inhabitants of the said 
colony. 

Which pretentions and proceedings of the Gov- 
ernour of New York, are conceived to be no 
ways agreeable to the true intention of their Ma- 
jesties, in their said commission; the prosperity 
of the said colony, or the comon security of the 
English inhabitants in the adjacent provinces ; and 
that upon the following considerations. 

1st. For that this colony, where all between 
16 and 60 years of age are of the militia, (which 
is settled and modelled by the statutes and orders 
of the General assembly) there is necessarily so 
close a connection between the ordinary rule and 
government of the said militia, and the civill gov- 
ernment, that whosoever hath the absolute power 
of the former, must draw all the authority of the 
latter to himself, by a consequence which is una- 
voidable, for the command of every mans person 
will undoutedly produce the command of every 



212 Objections to conduct of Gov. of N. Y. 

mands purse, and the alteration of the present 
modell of the militia, will be an alteration of the 
laws also. 

2dly. By the constitution of this colony, the 
life and execution of the laws depends wholly on 
the power of the militia, which can be little usefull 
to that purpose, if wholly removed from the civil 
magistrate, and placed in a person resideing at so 
great a distance as the Governour of New York 
usually doth, and though this may bs something 
helped by deputations, if the Governour of New 
York pleaseth, yet it evidently renders the execu- 
tion of the laws at Connecticut precarious, and at 
the will of the Governour of New York. 

3dly. The Colonys in America, are governed, 
as npar as may be, with conformity to the laws ot 
England, where the King or his Lievtenant, can- 
not draw out all the men of a county to serve in 
the militia, but a certain number proportioned to 
the extent and rules of the county. But if Co'll 
Fletchers Commission should be asserted in the 
latitude he contends for, he might draw out the 
inhabitants in what numbers, and raise contribu- 
tions on them in what quantities he pleaseth ; in 
short, he could become perfect master of the lives, 
liberties and estates of the English in that colony, 
who cannot but withdraw from the apprehensions 
of such an unlimited power lodged in a subject, 
a souldier of fortune, not their Governour, and 
upon that account not responsible for any inward 
consumption of the colony, so he protects it from 
being overrun by a foreigne enemy. 

4thly. It is impossible that Co'll Fletcher, though 
he should prove of an abstinence unusuall in this 
age, can be so competent a judge of the disposi- 
tions and abilities of each town and division in the 
colony, nor so much master of their affections in 



Objections to conduct of Gov. of N. Y. 213 

time of need, as they who dwell among them, nor 
by consequence so well qualified for the locall and 
ordinary government of the said militia. 

5thly. The frontiers of Connecticut, which lyes 
most remote from the province ot New York, do 
often call for a sudden and vigorous defence, but 
iff the civill government of that colony must be 
wholly divested of all power in the Militia for the 
special defence of the same (as their charter 
speaks) and driven to sue for orders to the Gov- 
ernour of New York, (who comonly resides about 
200 miles off,) the inconvenience is to evident to 
be mentioned, besides it is repugnant to the very 
nature of a Government, that the power of defend- 
ing itself, should not be in itself, but lodged in the 
Governour of an other Province. 

Gthly. Coll. Fletchers comission gives him not 
the Government of Connecticut, but a particular 
ministerial office in that Government, and there- 
fore he ought to construe his comission so as may 
leave him subordinate to the Government of that 
place, and not above it, as he will be effectually, 
if he be permitted to exercise it in the extent de- 
manded by him. 

7thly. As the Militia in England is commanded 
by the King and his Lieutenants, under the restric- 
tions and orders appointed by act of Parliament 
(or the subject could not be free,) so tis conceived 
their Majesties intention in this comission could 
*be no other, then that Coll. Fletcher should com- 
and the Militia, subject to the Laws and Constiu- 
tions of the Colony, so farr as they are not repug- 
nant to the Laws of England. 

8thly. This sence in which the Government of 
Connecticut would understand their Majesties 
comission, is agreeable enough to the Letter and 
penning of it, for the ground there laid down for 



214 Objections to conduct of Gov. of N. Y. 

the granting that comission, is the uniting the for- 
ces for security of their Majesties subjects in gen- 
erall, inhabiting in those parts ; and no reason is 
there so much as hinted at, why that Colony 
should be deprived of all power over the Militia, 
within itself for its own particular defence, and 
refference is therein had to the like comission be- 
fore granted to Sr William Phipps, (who never 
exercised so unlimited an authority,) and tis taken 
for a rule in expounding the Kings grants, that 
when there are two constructions to be made, 
which equally satisfy the letter thereof, one repug- 
nant to the other consisting with a former grant, 
which preserves the former grant is to be prefered, 
as most agreeable to the Kings honnour and jus- 
tice. 

9thly. It is observable that in Coll. Fletchers com- 
ission, there is no express superseeding the com- 
and of the Militia granted to the Government of 
Connecticut by the said charter, although the same 
comission does expressly supersede the above- 
mentioned authority granted to Sr William Phipps. 

These among divers others, are some reasons 
why tis hoped their Majesties will be pleased to 
preserve to the said Colony of Connecticut their 
liberties granted to them by the said charter, and 
to explain the comission of Coll. Fletcher in such 
sort, that he may content himself with the Gene- 
rail comand of the Quota of the Militia of that 
Colony, and not take from the civill Government 
of that place the power of levying and ordering 
the Militia within themselves, granted by the said 
charter. 



Order in Council. 215 



His Majesties order in Council on the subject of 
the Militia of the Colony of Connecticut 

At the Court at White Hall, the 19th of Aprill, 
1694. 



X seal. \ Present, 

#~ m 

The Kings most Excellent Majesty. 

Lord Arch Bp, of Canterbury, Lord Keeper, 
Lord President, Lord Privy Seeale, Duke of 
Bolton, Lord Steward, Lord Chamberlaine, 
Earle of Oxford, Earle of Shrewsbury, Earle 
of Bridgewater, Earle of Bathe, Earle of Ro- 
chester, Earle of Montague, Earle of Scarbo- 
rough, Earle of Ranelagh, Lord Viscount Syd- 
ney, Lord Viscount Falkland, Lord Bp, of 
London, Lord Cornwallis, Lord Conningsby, 
Sr Robert Howard, Mr. Trenchard, Mr. 
Chancellor of the Exchequer, Sr Henry Good- 
riche, Mr. Russell, Mr. Boscawen. 

A Petition haveing been presented to his Ma- 
jesty, by Major General Fitz John Winthrop, 
Agent for the English Colony of Connecticut, in 
New England, in America, in behalf of the said 
Colony, by the name of Governour and company 
of the English Colony of Connecticut, in New 
England, in America, setting forth that the Peti- 
tioners by Letters Pattents, under the great Seale 
of England, in the fourteenth year of the Reigne 
of the late King Charles the second, were incor- 
porated by the name of the Governour and com- 
pany of the English Colony of Connecticut, in 
America, with power as well for the civill admin- 
istration of affairs, as the Lieutenant for the or- 



210 Order in Council, 

dering, arranging, modelling and conducting the 
Militia, for the special defence of the Colony.— 
That from the date of the said grant, untill the 
month of October last, they have enjoyed the 
said liberties and priviledges without forfeiture or 
mollestation, except some interruption they recei- 
ved in the Reigne of King James the second ; that 
Coll. Ffletcher, Governour of New York, in Oc- 
tober last, by colour of his Majesties commission, 
whereby for the uniting the forces of the said 
Province and Colony, he was created Comander 
in Chief of the Militia of the said Colony, and did 
demand of the Petitioners, not only to submitt to 
him as Lieut. Generall and Comander in Chief 
over the full Quota of the Militia of that Colony, 
in conjunction with those of New York and the 
adjacent Governments, but likewise the particular 
Lieutenancy of the said Colony, and the power of 
assessing, modelling and establishing the Militia 
thereof. The Petitioners therefore humbly pray- 
ing the said comission may receive such explana- 
tion and restriction, as to his Majesty, in his Roy- 
all justice and wisdome shall seem meet. And 
his Majesty having been pleased to referr the said 
Petition to the Right Honnourable the Lords of 
Comittee of Trade and Plantations, to consider 
the matter of the said Petition, and to Report what 
they conceive fit for his Majesty to do therein, and 
the Lords of the Comittee haveing received the 
Report of their Majesties Attourney General and 
Soliciter General, upon the matter of the said Pe- 
tition, together with the address of the Colony of 
Rhoad Island, and touching the uniting the strength 
of those Colonys against the French, which report 
is in the words following ; 



Order in Council. 217 

May it please your Lordships, 

In obedience to your Lordships commands sig- 
nified to us by Mr. Blaithwaitt, the 2d of Janua- 
ry and the 3d of February last, by which we were 
to consider the severall charters of Connecticut 
and Rhoad Island, and the grants of East and 
West Newjersey, and to Report our opinion upon 
the whole matter, what may be done for the uni- 
ting the strength of those Colonys and New York 
under a chief commander, to be comissionated by 
their Majesties, for the defence of their Majesties 
subjects in those parts, against the French, and al- 
so to consider the anexed copy of the Petition of 
the Governour and company of Connecticut, and 
to request our opinion thereupon. "Wee have con- 
sidered the matter to us referred and do finde, 
that King Charles the second, by his charter, dated 
the 23d of Aprill, in the 14th year of his Reigne, 
did incorporate John Winthrop and several other 
persons therein named, and all others who then 
were or after should be admitted and made free 
of the company, to be a corporation, by the name 
of the Governour and company of the English 
Colony of Connecticut, in New England, in Amer- 
ica, with such powers, priviledges and capacities 
as were usually granted to corporations of like 
nature, and to have continuance and succession 
forever, and therein the bounds of the colony are 
described, and a grant thereby made to the corpo- 
tion of all land, soyle, ground, havens, ports, ju- 
risdictions, royalties, priviledges, franchises and 
hereditaments within the same or thereto belong- 
ing ; to be holden to the corporation and their suc- 
cessors in trust, for the benefit of themselves and 
their associates freemen of that Colony, their heirs 
and assigns, of the Kings of England, as of their 

19 



218 Order in Council. 

mannor of East Greenwich, by the fifth part of 
the oare of gold and silver there found, with pow- 
er to the corporation, to make laws, elect Govern- 
ours, Deputy-Governours and assistants, erect Ju- 
dicatures 1 and Courts, and choose officers for the 
civill Government, and thereby also power is grant- 
ed to the chief comanders, Governours and offi- 
cers of the company, and others inhabiting there, 
by their leave or direction for their speciall defence 
and safety, to assemble, martiall, array and put in 
warlike posture the inhabitants of the Colony, 
and to comission such persons as they should 
thinke fitt, to lead and conduct the inhabitants, and 
to encounter, resist, kill, and slay all that should 
attempt or enterprize the invasion or annoyance 
of the inhabitants or plantations, and to exercise 
martial law, and take and surprize the invaders or 
attemters of the plantation, or hurt of the compa- 
ny and inhabitants, and on just occasion to invade 
and destroy the natives or the enemies of the Col- 
ony. 

Wee also finde, that King Charles the second, 
in the fifteenth year of his Reign did incorporate 
divers persons by name, and such others as then 
were or after should be admitted and free of the 
company, by the name of the Governour and 
company of the English Colony of Rhoad Islands 
and Providence Plantations in New England, in 
America, and granted them in effect the like pow- 
ers and authorities, both civill and military, as are 
before mentioned to be granted to Connecticut. 

Wee find that die civil Governments in those 
plantations or Colonys, executed the Military 
powers conferred by the charters, but that their 
Majesties in the third year of their Reigne, by 
their comission constituted Sr William Phipps 
Lieutenant and comander in chief of the Militia, 



Order in Council. 219 

and of the forces by sea and land, within the Col- 
onys of Connecticut, Rhoad Island, Providence 
Plantation, Kings Province, and Province of New 
Hampshire, and all Forts and places of strength 
in the same, with severall powers and authorities. 
And that their Majesties by their comission under 
the great seal, dated the tenth of June 1G93, revo- 
ked so much of Sr William Phipps his comission 
and powers as related to the Colony of Connecti- 
cutt, and by the same comission constitute Benja- 
min Fletcher Esqr, their Majesties Captain Gene- 
ral and comander in chief of New York, Pensilva- 
nia, New Castle, and the territories and tracts of 
land depending thereupon, to be the comander in 
chief of the Militia, and of all the forces by sea 
and land within the Colony of Connecticutt, and 
of all Forts and places of strength within the 
same, with power to levy, arme, muster, command 
or imploy the Militia of the said Colony, and up- 
on any necessary and urgent occasion dureing this 
warr, to transferr to the Province of New York 
and frontiers of the same, for resisting and with- 
standing enemies, pyrat.es and rebells both at land 
and sea, and defence of that Province and Colony, 
of which comission, and the large powers therein 
contained as to Connecticut, the Colony of Con- 
necticutt, by their annexed petition do complain 
and pray redress against the exercise of it in such 
manner~over the whole Militia, and therein shew 
their reasons against it. 

Wee have heard Coll. Winthrop and his coun- 
cill on the behalf of the Colony of Connecticut, 
and Mr. Almey and his councill on behalf of 
Rhoad Island and Providence Plantation, and Dr. 
Cox appeared on the behalf of East and West 
New Jersey, and produced some writings, shew- 
ing how the same was granted out irom the Crown 



220 Order in CounciL 

to the Duke of York, and by the Duke of York 
to others ; but the Doctor not claiming any title to 
himself, it doth not appear to us, in whome the es- 
tate in law of those places or of the Government 
thereof, civill or Military doth now reside, nor how 
the same is exercised. But haveing received the 
annexed estimate from Mr. Rlaythwaite, wee 
communicated the same to- the Agents for Con- 
necticut, Rhoad Island and Providence Plantations^, 
who declared their readiness duering the times of 
danger, to provide their respective Quotas therein 
contained, and in case of encrease of danger, or 
other necessary occasions duering the continuance 
thereof, their respective Quotas to be proportiona- 
bly increased with other Colonys, but as to the re- 
maining Militia beyond the Quotas (which it seems 
in those countrys, consists of all males between 
16 and 60 years of age,) they humbly desire that 
it may remaine under the ordinary and usual Gov- 
ernment and command of the Colonys, according 
to their charters, and not to be commanded out,, 
unless in times of actual invasion or eminent dan- 
ger, for the necessary preservation of some of 
their Colonies, and at such times only when such 
of the Colonys whereout the forces shall be drawn, 
are in danger, and that at all times a sufficient 
power of Militia may be always kept in each Col- 
ony under the power of the Government of it, 
for the safety and necessary preservation thereof 
We are humbly of opinion that the charter and 
grants of those Colonies, do give the ordinary 
power of the Militia to the respective Govern- 
ments thereof; but do also conceive that their 
Majesties may constitute a chief comander, who 
may have authority at all tymes to command or 
order such proportion of the forces of each Colo- 
ny or Plantation,, as their Majesties, shall think fitt> 



Order in Council. 221 

and further in times of invasion and approach of 
the enemy, with the advice and assistance of the 
Governours of the Colonys, to conduct and com- 
mand the rest of the forces, for the preservation 
and defence of such of those Colonys as shall 
most stand in need thereof, not leaving the rest un- 
provided of a competent force for their defence 
and safety ; but in time of peace, and when the 
danger is over, the Militia within each of the said 
Provinces, ought as we humbly conceive to be un- 
der the Government and disposition of the respec- 
tive Governours of the said Colonies, according 
to their charters, all which nevertheless is most 
humbly submitted to your Lordshipps great wis- 
dome. 

EDWARD WARD, 
THO. TREVOR. 
2d April, 1694. 

And the Lords of the comittee haveing presen- 
ted to his Majesty in councill, the Report of Mr. 
Attourney and Mr. Solicitor Generall upon the 
matter abovementioned, his Majestie in councill is 
pleased to approve the said Report, and to signify 
his pleasure, that the Quota, not exceeding one 
hundred and twenty men, be the measure of the 
assistance to be given by the Colony of Connec- 
ticut^ and all times duering the warr to be com- 
manded by the Governour of New York ; and the 
Right Honnourable Sr John Trenchard, his Ma- 
jesties principall Secretary of State, is to prepare 
Letters for his Majesties Royal Signature, for the 
signification of his Majesties pleasure herein to the 
Governours of New York and Connecticut accor- 
dingly* 

WILLIAM BRIDGEMAN. 
19* 



%%% Letter from Queen Mary* 



Postcript of a Letter from Gen. Winthrop to the 
Governor and Council of the Colony of Con- 
necticut, dated London June 4th 1694, relative 
to the Narraganset country. 

Sir — I think it my duty to let your hon'r know 
that the Lord Arran, eldest Son to the late Duke 
Hamilton, has put in his claime to the land from 
ye East side of Conecticot River, Naroganset, 
Rhode Island and those parts ; I can but just men- 
tion it supposeing yo'rselves know all that can be 
said about it, and soe are guarded against any 
trouble that may arise therein. I understand there 
will be a hearing of ye claim before the King and 
councill, but my Lord Arran being gon into Scot- 
land to solemnise the funerall of the Duke his Fa- 
ther, who dyed lately goeing to Scotland \ it may 
put a stop to any present hearing ; and if it please 
God, that I doe not returne this winter, you will 
have oppertunity by the mast ships or sooner, ta 
inform yo'rselves about it. 

J. WINTHROP. 



Copy of Queen Mary's Letter to the Governour 
of New York, concerning the Militia of Con- 
necticut. 

Marie R. 

Trusty and well beloved, we greet you well ; 
haveing received the humble petition of our colo- 
ny of Connecticut, in New England, praying that 



Letter from Queen Mary. 223 

our comission unto our Governouror comanderin 
chief, of our Province of New York, for com- 
mand of the Militia of our said colony, may re- 
ceive such explanation and restriction, as in our 
royall justice and wisdome we shall think fit, we 
have referred the consideration of the said peti- 
tion to the Lords of our privy councill, appointed 
comittee of Trade and Forreigne Plantations, 
who haveing consulted our Attorney and Solicitor 
Generall, what may be legally don by us for the 
uniting the strength of our said colony of Connec- 
ticut^ and the adjacent colony s, for the defence 
and security of our subjects in those parts, against 
the French, and haveing presented to us the opin- 
ion of our said Attorney and Solicitor Generall, 
that we may constitute a chief commander, with 
authority to comand or order such proportion of 
the forces of each colony as we shall think fitt, and 
further in time of invasion and approach of the 
enemy, with the advice and assistance of the Gov- 
ernours of the colonies, to conduct and command 
the rest of the forces for the preservation and de- 
fence of such of our said colonies as shall most 
stand in need thereof, as by our order in our coun- 
cill, dated the nineteenth day of Aprill last, upon 
the report of our said Attorney and Solicitor Gen- 
erall in this matter, which order, or a duplicate 
thereof you will herewith receive, is more at 
large sett forth, our will and pleasure is, that in 
the execution of the powers of your said commis- 
sion for the command of our said Militia of Con- 
necticutt, you do not take upon you any more then 
in time of warr to command a Quota, or part of 
the Militia of our said colony of Connecticutt, 
not exceeding the number of one hundred and 
twenty men, which we have thought fitt to signifie 
our pleasure to the Governour and Magistrates 



224 Letter from Queen Mary. 

of our colony of Connecticut, to be the measure 
of the assistance to be given to our said colony, 
and you are not to command or draw out any 
more of the said Quota of the Militia of our s'd 
colony of Connecticut, then you shall in proportion 
command or draw out from the respective Mili- 
tias of the adjacent colonys, except in cases of 
iminent danger of an actual invasion of the ene- 
my, in which case our will and pleasure is, that 
with the advice of the Governour of our said col- 
ony of Connecticut, you conduct and command 
the rest of the forces of that our colony for the 
preservation of our said colony, or of such other 
of our adjacent colonies, as shall most stand in 
need thereof, you takeing care that you do not 
leave our said colony of Connecticut unprovided 
of a competent force, for the defence and safety 
thereof. And we not doubting of the ready and 
carefull obedience of our good subjects in our col- 
ony of Connecticutt, to our Royall determination, 
in a matter wherein the security and preservation 
of all our good subjects within our said colony, 
and the parts adjacent, is so much concerned, we 
have signified our pleasure to the Governour and 
Magistrates of our said colony, that as occasion 
shall require, they give obedience to our said com- 
ission and the powers and authorities thereof, to 
be executed in such manner as is herein directed. 
And so we bid you farewell. Given at our Court 
att White Hall, this twenty-first day of June, 1694, 
in the sixth year of our Reigne. 

By her Majesties command, 

J. TRENCHARD. 



Letter from Queen Mary. 225 



A Letter from her Majesty Queen Mary, relative 
to the Militia of Connecticut. 

Marie R. 

Trusty and well beloved, wee greet you well : 
Haveing received your humble petition, presented 
unto us by Major General Fitz John Winthrop, 
your agent, humbly praying that our Comission to 
our trusty and well beloved, Benjamin Fletcher, 
Esqr. our Governour of our province of New 
York, for the comand of the militia of our colony 
of Connecticut, may receive such explanation and 
restriction, as in our Royall justice and wisdome 
we shall think fitt, wee being well pleased with 
your dutyfull submission to our Royall determin- 
ation herein, and haveing great care and tender- 
ness for the preservation and security of all our 
loveing subjects, as well within our colony of Con- 
necticut, as other our adjacent colonys, wee have 
refferred the consideration of the said petition to 
the Lords of our Privy Councill, appointed a com- 
mittee of trade and foreigne plantations, who 
haveing consulted our Attourny and Solicitor 
Generall what may be done by uss for the uniting 
the strength of our said colony of Connecticut 
and the adjacent colonys, for the defence of our 
subjects in those parts, against the French, and 
haveing presented to us the opinion of our Attour- 
ney and Solicitor Generall thereupon, that we 
may constitute a chief commander, with authority 
to command or order such proportion of the for- 
ces of each colony as we shall think fitt, and fur- 
ther in time of invasion and approach of the 
enemy, with the advice and assistance of the 
Governours of the colonys, to conduct and com- 



226 Letter from Queen Mary. 

mand the rest of the forces for the preservation 
and defence of such of our said colonys as shall 
most stand in need thereof, as by our order in 
Councill, dated the 9th day of April last, upon the 
report of our Attorney and Solicitor Generall in 
this matter, which order, or duplicate thereof, you 
will herewith receive, is more at large set forth. 
Wee have thereupon further signified our pleasure 
to our said Governour of New York, that in the 
execution of the power of his said comission, he 
do not take upon him any more then duering war?, 
to comand a quota or part of the militia of our 
said colony of Connecticut not exceeding the 
number one hundred and twenty men, which we 
do heartily think fit to signifie our pleasure to be 
the measure of the assistance to be given to our 
said colony, with speciall directions to our said 
Governour of New York, that he do not comand 
or draw out more of the said quota of the militia 
of our said colony of Connecticut, then he shall 
in proportion command or draw out from the 
respective militia of the adjacent colonys, except 
in case of iminent danger of an actual invasion of 
the enemy, in which case we have further direct- 
ed him, that with the advice of the Governour of 
our said colony, he conduct and comand the rest 
of the forces of that our colony, for the preserva- 
tion of our said colony, or of such other of our 
adjacent colonys as shall mast stand in need 
thereof, he takeing care that he do not leave our 
said colony unprovided of a competent force, for 
the defence and safety thereof, and not doubting 
of your ready and chearful obedience to our Roy- 
all pleasure, in a matter wherein the security and 
preservation of all our good subjects, within our 
said colony of Connecticut, and the places adja- 
cent, are so much concerned ; wee do hereby 



Letter from Queen Mary, 227 

require and command you, as there shall be occa- 
sion, to give obedience to our said Commission, 
and the powers and authoritys thereof, to be exe- 
cuted in such manner as we have directed our 
said Governour of New York, according to the 
signification of our pleasure as aforesaid. And 
the said Major General Fitz John Winthrop, will 
upon his arivall, inform you of our gracious inten- 
tions to continue our Royall protection to you and 
all our subjects of that our colony, and particu- 
larly in what may relate to the preservation of 
the peace, welfare and security of the same, and 
maintaining your just rights and priviledges, 
wherein your said agent has been as well very 
zealous and carefull in your behalf, as diligent in 
soliciting our RoyaU determination in the matter, 
which we thought fitt to lett you know ; and so 
w r ee bid you hearty farewell. 

Given at our Court, at White Hall, this twenty 
first day of June, 1694, in the sixth year of our 
Reigne. 

By her Majesties Command, 

J. TRENCHARD. 

To our trusty and well beloved, the Governour 
and Magistrates of our colony of Connecticutt, in 
New England, and for the time being. 



2*28 Letter from Gen, Winthrop. 



Letter from Gen. Winthrop to the Governour and 
General Assembly of the Colony of Connecti- 
cut. 

Hon'ble Sr — 

My letter of the 4th of June, and my last of the 
16th of July, doe containe the acc't of yo'r affaires 
here, soe far as could then be attayned ; and my 
hopes of being dispatched at Court in a little 
tyme, soe that I have now onely to present that a 
few days since, I have received their Majesties 
gracious letter of the 21st of June, which since 
that date has been in the hands of the Secretary 
of State ; wherein their Maj'ties have been pleas- 
ed to explayne their Commission to Coll. Fletcher, 
and restraine it within the bounds of a quota in 
time of war, and is noe more then yourselves have 
formerly sent forth for defence to your neighbor 
Governments. I know not what can more re-es- 
tablish and confirme the Charter, then their Maj'- 
ties gracious expressions, and intentions to main- 
taine your just rights and priviliges, which is fully 
set forth in the enclosed letter to Coll. Fletcher. 
And I may let you know the Lords of the Coun- 
cill are yett satisfyed with your present adminis- 
trations, and you stand faire at court, soe far as 
I can understand. I hope their Maj'ties letter will 
remove all former misunderstandings, and settle 
the minds of the people in all respects ; I am forst 
to omit some perticulers which might be inserted 
herein, haveing been some dayes under much 
indisposition, and doe with great difficulty write 
this letter, and can onely farther add that I finde 
it impossible to returne with this oportunity ; an 
order of Councill is sent to the Commander of the 



Letter from Gen. Winthrop. 229 

ship who caryes the souldiers to New York, to 
sayle with the first winde, and their Maj'ties letter 
being soe lately delivered to rne, makes it impos- 
sible to be ready in soe few dayes by me, and soe 
must wait for the first opportunity in the spring ; 
in the meane tyme I shall be early here to doe 
all the service I can if any thyng offers for your 
advantage, I have not omitted any opportunity 
to promote your interest, and have done all I can in 
the trust comitted to me; and if it be acceptable to 
yourselves, I shall alwaye thank God for the oppor- 
tunity he has given me to serve my country, I shall 
hope to heare from yorselves by every opportunity, 
and am much uneasy that I have not received 
one word from yourselves since I come into 
England, many gent'm here have received Letters 
by New York and severall other ways ; a vessill 
arrived here last weeke in a month from Boston, 
but I have noe letter therein. I gave yo'r hon'r 
acc't in my last what mony I had taken up here, 
to be repaid at Boston, which I hope will not be 
forgot, and shall medle noe farther till I hear from 
yourselves, believing you will care for me as is 
fitting, I have now only to ask your prayers for 
Gods favour and protection, that I may be pre- 
served here; and safely returned to yourselves, 
which with the presentment of my humble ser- 
vice to your hon'r the Dept. Gov'r and Gent'm of 
the Councill, is all at present but the assurance 
that I am 

Your most fay'thfull serv't, 

J, WINTHROP. 
London, Aug. 2d, 1694. 



20 



230 Address to William III. 



Copy of an A ddress from the Governor and coun- 
cil of the Colony of Connecticut, to his Majesty 
William 3d. 

To the most High and Mighty Prince Wra. the 
3d, of England, Scotland, France and Ireland, 
King, Defender of the Fayth, &c. 

Your Ma'ties Humble, Loyall and obedient sub- 
jects, the Governo'r and councill of your colony 
of Connecticutt in most humble wise, upon our 
bended knees doe thankefully acknowledge your 
Ma'ties grace and goodness to your subjects in this 
colony, your Ma'ties speciall favour expressed in 
her late Ma'ties princely Letter of the twenty-first 
of June 1694, in the sixth yeare of your Ma'ties 
reigne in granting such restrictions to Col. Fletch- 
ers commission as in your wisdom you saw meet, 
as allso therein was manifested to us your Royall 
intentions to continue your Royall protection to 
this colony in the mayntayning of all our just rights 
and priviledges ; your Ma'ties grace and bounty 
to us therein layes a firm obligation upon our 
hearts to manifest our duty and loyalty to your 
Ma'tie, according as we are allways bownd ; and 
by reason of the providence of God frowning up- 
on us this last year by frosts and unseasonable 
w r eather thereby taking from us our most princi- 
ple graine, cuting us so short that we canot fetch 
in such supply as in other yeares, as allso the con- 
stant expence of ammunition we are under in 
mayntaining our Fortes and in the necessary re- 
liefe we often affoard to our frontier towns and 
your Ma'ties Government of New Yorke, we hum- 
bly pray that of your Royall bounty your Ma'ties 
would please to bestow some arms and ammuni- 
tion upon us, whereby we may be inabled to de- 



Letter from John Povey. 231 

fend ourselves with other of his Ma'ties good sub- 
jects and destroy your Ma'ties enemies, which is 
the end for which we desire them, and the onely 
way we shall improve them, and your petitioners 
shall ever pray for your Ma'ties prosperity, long 
life and the increas of your glory here and forever. 
Hartford Octob'r 28, 1695. 



A Letter from John Povey, Esqr. relative to the 
discovery of a conspiracy to assasiinatc his 
Majesty. 

White Hall, the of March, 1695. 

Sr — Enclosed you will receive a letter from 
the Lords of the councill, upon occasion of the 
happy discovery for assassinating his Majesties 
person, and invadeing this Kingdom from France, 
the King's Speech and Proclamation, with the ad- 
dress of the Lords and Comons, will inform you 
of the perticulars so farr as is yet made publick ; 
but many of the conspirators haveing been seiz- 
ed, some of them are to be brought to tryall this 
week, and others suddenly after, in order to be 
brought to justice, when al things relating to this 
conspiracy, will be laid more open. I am Sr your 
most Humble Servant, John Povey. 

To the Houn'ble the Governour of his Majes- 
ties Colony of Connecticott, in New England, in 
America. 



232 Letter from Lords of Privy Council, 



A Letter from the Lords of the Privy Council \ 
relative to the plot for assassinating his Majes- 
ty. 

After our hearty commendations, It haveing 
pleased Almighty God to extend his mercy to these 
Kingdoms, by the continued instances of his -di- 
vine protection, whereof at this time we have had 
a most signall evidence by the happy discovery of 
a traiterous and wicked designe against the life of 
his most sacred Majesty, by assassination, and for 
the subdueing these Kingdoms by the French, in 
conjunction with other conspirators^many of whom 
are secured, in order to be brought to speedy jus- 
tice. As the attempt of our enemies have been 
disappointed by the preparations that have been 
made against them by sea and land, wee do here- 
by in his Majesties name, and by his express com- 
mand, signifie the same to you, that you may 
forthwith make known so wonderfull a deliverance 
to all his Majesties good subjects, under your Gov- 
ernment, the perticulars whereof, and proceedings 
thereupon, are more at large sett forth in the en- 
closed papers ; and because upon this occasion,, 
and for the better manning of the lloyall Fleet, to 
oppose the enemy, his Majesty hath found it ab- 
solutely necessary to lay a general! embargo for 
some time, upon all shipps outward bound, and 
trading to his Majesties plantations ; wee have 
thought it requisite to dispatch this express to you 
for the preventing any malicious or mistaken in- 
formations, and for the satisfaction of the inhabi- 
tants of the said plantations ; not doubting but 
you and they will heartily joyne with us, in expres- 
sions of thanks to Almighty God, for so great a 
blessing in the preservation of his Majesties s&* 



Letter from William BlathwayU 233 

cred person and Government. And so we bid 
you heartily farewell — From the Councill Cham- 
ber at White-Hall, this tenth day of March, 1695-6. 
Your Loving Friends, 

BOLTON, 

SCHONBURGH & LUNITER, 

DEVONSHIER, 

WILLIAM BLATHWAYT, 

SHREWSBURY, 

J. BRIDGEWATER, 

BATHE, 

MONTAGUE, 

H. GOODRICKE, 

J. B AS C A WEN. 

To our Loving Friends the Governour and Ma- 
jistrates of his Majesties English Colony of Con- 
necticott, in New England, for the time being. 



A Letter from the Right Honorable William 
Blathwayt, Secretary of State. 

White-Hall, the 21st April, 1696. 

Sr — Upon the discovery of the late horrid con- 
spiracy against his Majesties sacred person and 
Government, an association has been entered into 
and signed in Parliament, and by the severall coun- 
ties and corporations in England, and a bill is like- 
wise past both Houses to oblige all persons in of- 
fice and publick trust to do the same. I send you 
therefore the enclosed form as propper to be en- 
tered into, and signed accordingly within your 
*20 



234 Form of Association entered into. 

Government, which you will promote as a mark 
of the steady loyallty and effection of the subscri- 
bers to his Majesty and the present Government 
I am Srs, your Excellencies most Humble Ser- 
vant. 

WILLIAM BLATHWAYTE. 

To the Houn'ble the Governour and Majistrates 
of his Majesties Colony of Connecticott r in Amer- 
ica. 



The Association entered into by the Governour and 
Council of the Colony of Connecticut. 

Whereas there has been a horrid conspiracy 
formed and carried on by Papists and other wick- 
ed and traiterous persons for assassinating his Ma- 
jesties Roy all person, in order to incourage an in- 
vasion from France on England, to subvert our 
Religion, Laws and Liberty : Wee whose names 
are hereunto subscribed, do heartily, sincerely and 
sollemnly profess, testifie and declare, that his pres- 
ent Majesty, King William, is rightfull and law- 
full King of the Realms of England, Scottland 
and Ireland, and that neither the late King James, 
nor the pretended Prince of Wales, nor any other 
person hath any right whatsoever to the same, 
and we do mutually promise and engage to stand 
by, and assist each other to the utmost of our 
power, in the support and defence of his Majes- 
ties person and Government, against the late King 
James and all his adherents. And in case his 
Majesty come to any and violent or untimely 



Letter from Lords of Privy Council, 2S5 

death, (which God forbid,) wee do hereby further 
freely and unanimously oblige ourselves to unite, 
associate and stand by each other in revenging 
the same upon his enemies, and their adhereants, 
and in supporting and defending the succession of 
the Crown, according to an act, made in the first 
year of the reigne of King William and Queen 
Mary, intitled "an act, declareing the rights and 
liberties of the subject, and setling the sucsession 
of the Crown." 

ROBERT TREAT, Governour, 
JOHN ALLYN, Assistant, 
SAMUEL MASON, Assistant, 
NATHANIEL STANLEY, Assistant, 
CALEB STANLEY, Assistant, 
MOSES MANSFIELD, Assistant, 
JOHN HAMLIN, Assistant, 
ELEAZER KIMBERLY, Secretary. 
Hartford, Sept. 2d, 1096. 



A Letter from the Rt. Hon. the Lords of his Ma- 
jesties Privy Council, relative to the prepara- 
tions of the French against America. 

After our hearty commendations — Whereas in- 
formation has been given that the French are 
making preparations by shipping and otherwise 
for an attempt against some parts of America, 
and have put on board a considerable quantity ot 
arms for that purpose, wee have thought fitt by 
this express to notifie the same to you/to the end 
you may give the necessary orders for putting all 
things in the best posture of defence that may be, 



236 Opinion of Thomas Trevor. 

within your Government, and that you assure the 
inhabitants thereof that such speedy assistance 
will be sent from home, as the state of affairs at 
home shall permitt, with perticular regard to the 
exigencys they shall lye under ; and so not doubt- 
ing your utmost care and vigilance herein, we bid 
you heartily farewell. 

From the Councill Chamber at White Hall, this 
20th day of April, 1696, in the 8th year of his 
Majesties reigne. 

Your loving friends, 

H. GOODRICKE. 

J. BOSCAWEN, 

J. SMITH, 

J. BRIDGEWATER, 

STAMFORD, 

SCARBOROUGH, 

MONTAGUE. 

To our loveing friends the Governour and Ma- 
gistrates of his Majesties English colony of Con- 
necticut^ in New England, for the time being. 



The opinion of Sir Thomas Trevor, about the 
Narraganset Country. 

To the Right Hon'ble, 

the ComWsfor Trade and Plantations — 

May it please your Honours — In obedience to 
an order of renerence of the Right Honnourable, 
the Lords of the Committee of Trade and Plan- 
tations, signified to me by Mr. Povey, the 22d of 



Opinion of Thomas Trevor. 237 

May, 1695, upon the Petition of Wait Winthrop, 
and others concerning the settlement of the 
Kings Province, or Narraganset Bay, in New 
England. 

I have considered of the said Petition, and do 
finde that King Charles the second, by Letters 
Pattents, bearing date the 23d day of Aprill, in 
the fourteenth year of his reigne, granted to the 
Governour 'and Company of Connecticutt, and 
their successors, Narragansetts Bay in New Eng- 
land, together with all firme lands, soyles, grounds, 
havens, ports, rivers, waters, fishings, mines, min- 
erals, precious stones, and all and singular other 
commodities and jurisdictions whatsoever; re- 
serving to his Majestie, his heirs and successors, 
the fifth part of the oare of gold and silver only. 

That after the said grant, vizt. in July 1663, the 
said country of Narragansett Bay, was by Letters 
Pattents granted to the Governour and Company 
of Rhoad Island Plantation. But I am humbly 
of opinion, that this grant to Rhoad Island is void 
in law, because the country of Narragansett Bay 
was granted before to Connecticutt, and that 
therefore the Government of Narrogansetts Bay 
doth of right belong to Connecticutt, and not to 
Rhoad Island. All which is submitted to your 
Honnours great wisdome. 

THO, TREVOR. 

October 28th, 1696, 



238 Francis Pembertorfs Opinion. 

July, 1663. 

DOCQUETT. 

Rhoad Island, &c. ) 
Corporation. j 

His Majesty is hereby graciously pleased to in- 
corporate severall persons of the colony of Road 
Island and Providence plantations, in New Eng- 
land, into one body politick, by the name of the 
Governour and Company of the English colony of 
Rhoad Island and Providence Plantations in New 
England in America, and to grant them the several 
lands, powers, priviledges and authorities, and with 
such non obstanters, and clauses as was directed to 
be inserted by warrant under his Majesties sign 
manual to Mr. Attorney Generall, procured by Mr. 
Secretary Morrice. 



Sir Francis Pemberton's opinion in the case of the 
purchasers and proprietors of lands in the Nar- 
raganset country. 

The Case. 

King James the First in the twentieth year of 
his reigne, by letters pattent, incorporated the 
Duke of Lenox and divers other persons, by the 
name of the great Councill of Plymouth, here in 
England, for the planting ruleing and governing 
New England, in America, and grants to them 
and their successors, all the lands, &c. in Amer- 



Francis Pemberton's Opinion. 239 

ica, between forty and 48 degrees of northerly 
lattitude. 

The said Councill of Plymouth, who never had 
possession of said land, the 2d of April, 1635, 
Grant to M. H. # and his heirs all that part and 
portion of the main lands of New England, begin- 
ning att the mouth of the Connecticut river, and 
from thence to Narraganset river, to be accounted 
sixty miles in length and breadth, and all Islands 
within five leagues distance of the premises. 

About the same time the said grant was made 
to M. H. or soon after, severall persons, his Ma- 
jesties subjects, living in New England, (but with- 
out any notice or knowledge of the said grant to 
M. H.) purchased of the Indian Princes and oth- 
ers, the true and naturall owners and proprietors 
thereof, divers parcells of land, lying within the 
limits of the said grant to M. H. as is now pre=- 
tended, particularly an Island called Rhoad Island, 
and great part of a tract of land called Connec- 
ticut^ Narragansett, Warwick and other places ; 
and in the years 1659, and 1660, other parts of 
the Narragansett country, which places have been 
possessed by the said purchasers and those derive- 
ing from them ever since the said severall pur- 
chases, and the said purchases have bin always 
approved by the severall Governments there, and 
never disallowed or disapproved of here, and sev- 
erall towns have been built, many farms and plan- 
tations settled, great treasure laid out, and several 
discents cast. 

M. H. nor his heir or any deriveing from him, 
have never had possession, nor laid out any thing 
upon the premises, nor made any claime in the 
said country untill the year 1683, which was about 



*Marquis Hamilton. 



240 Francis Pembertorts Opinion, 

48 years after the said grant, the said heir by his 
Attorney claimed the said lands at Boston in New 
England, which is above 70 miles from the prem- 
ises, and in another country. 

The heir of said M. H. after three score and 
two years, demands the said premises, or a quit 
rent. 

1. Quere. — Whether the heir of said M. H. 
there haveing been no possession in the said M. 
H. or heir, nor purchase by them from the Indi- 
ans, the owners of said lands, nor any thing ex- 
pended by them in the settlement thereof, may by 
law recover the premises, and oust or eject the 
said purchasers and proprietors who are now in 
possession, or force them to pay a quit rent. 

Upon consideration of this case, I am of opin- 
ion that the purchasers of these lands and grounds, 
who bought of the Indian Princes, the heirs and 
assigns of those purchasers have a good right to 
those lands and grounds, and the buildings and im- 
provements thereof, and that the heir of M. H. 
after such purchases, and so long and quiet enjoy- 
ment of them under those purchases, ought not 
upon such a state demand without any possession 
or claime (for I look upon that pretended claim at 
Boston, as idle and null) to recover any of the said 
lands or grounds, or quit rents out of them. 

2. Quere. — Whether the said purchasers and 
those deriveing from them, haveing had so long 
and uninterrupted possession, under a piuxhase 
from the naturall owners, and with allowance and 
approbation of the said Governments there, and 
after so many towns built, treasure spent, and sev- 
erall discents cast, have not an undoubted and un- 
avoidable title to the said lands by them purcha- 
sed and possessed. 

I am of opinion, that these purchasers by vertue 



Letter to Gen. Winthrop. 241 

of their purchasers and so long uninterrupted pos- 
session under them, have an undoubted right and 
title to these grounds and lands, and the buildings 
and improvement of them, and ought not now af- 
ter so much money laid out upon them, and such 
enjoyment of them, be disturbed in their possess- 
ion of them. 

3. Qaere. — Whether if the heir of the said 
M. H. if he sues the said purchasers, ought not to 
sue them in New England, where the lands in con- 
troversy lye &c. 

I think regularly by the rules of our laws, any 
action brought for these lands or grounds, and the 
houses and buildings on them, ought to be where 
the lands lie. 

FR. PEMBERTON, 

1696. 



Copy of a Letter from the Governor and General 
Assembly of the Colony of Connecticut, to Gen. 
Winthrop, Agent of said Colony in England. 

Hartford, OctoVr 1696. 
Hono'rd Sir, 

Your Letters of Decemb. 22,-'95, and of Feb. 
5,-'95, and of May 23d, '96, are come safe to us, 
and we rejoyce in them to hear of your welfare, 
and that you are in a hopfull way of recovery from 
a dangerous sicknesse, and doe count ourselves 
greatly oblieged to bless and prayse the Lord for 
his goodness and mercy to you and . us therein, 
we had expectations of your return the last fall, 
21 



242 Letter to Gen. Winthrop. 

but were disapoynted therein, but we know not 
but it is for the best, and that by your stayeing 
there, you may prevent some inconveniencies that 
might otherwise have overtaken us, and especiall 
now New York agints are at Court, and posibly 
to move against us, and we doubt not but your 
Hono'r will allways be ready as there is opportu- 
nety to move at Court on our behalfe and to pre- 
vent the designes of any against us to o'r damage ; 
Col. Fletcher is allways troubleing us with his 
letters and calling for o'r Quotae for his assist- 
ance, upon every flying report of Indians or oth- 
ers ; this sumer he sent for o'r Quoto of men, we 
sent him sixty men under the comand of Capt. 
Wm. Whiting, who marched so farr asWyante- 
nak, (a place your Hono'r well knowes) and there 
a post w'ch we sent to Albany to see what dan- 
ger they were in, he informed us that the enemie 
were retreated and so he (for o'r ease) dismist 
them, but as soon as they were come home he 
sends for them again, but we could not learn any 
great danger they were in, and our neighbours up 
the river haveing been assaulted and 6 persons 
slayn and 4 captivated and so at New Roxbury 
the people being alarmed by the enemie, who kill- 
ed 2 men and 3 children, we sent forth about sixty 
men to their releife who persued but could not 
com up with them, since the enemie kiled one 
neer at Hadley and shot at divers travelling be- 
tween town and town, and the people being dis- 
tressed by these things, sent to us for relief the 
last week, and then we sent up forty men to their 
assistance which must stay theratill ye winter 
comes in to prevent there passage over the lakes 
and down our rivers, all which puts us to great 
charge, and yet o'r neighbours on both hands do 
not thinke we doe enough for them, and therefore* 



Letter to Gen. Winthrop. 243 

there is very great need of your Hono'rs petition- 
ing his Ma'tie for redress against Col. Fletchers 
unreasonable demands, that so we may playnly be 
informed of o'r duty and be inabled to attend it, 
and so be freed from the troubles of his demandes, 
which are so often that we are faine to have so 
many meetings to answer him that it brings charge 
as well as trouble to us ; as we doe not fully un- 
derstand what Col. Fletchers agents have or will 
object against us, but last year we sent sundry of 
his letters and o'r answers, by which you will un- 
derstand something of ve manner of treating us ; 
and at this time you will also receive some late 
letters and demands of his, and our answers to 
them, which will give you more light in these af- 
fayres. Sr we have allso inclosed an address to 
his Ma'tie which we request you to peruse, and if 
you approve thereof to pr'sent his Ma'tie with it, 
and if you dislike it we leave it with you by good 
advice to prepare and present his Ma'tie with an 
address in o'r behalfes, and to doe what further 
shall be needfull for you as o'r agent to doe for us. 
Sr you may remember in o'r address to his Ma'tie 
October 28, 1695 we petitioned his Ma'tie to be- 
stowe some arms and ammunition upon us where- 
by we might be able to defend or'selves and neigh- 
bours and offend o'r enemies, but you mention 
nothing to us in your letters, whither you did pre- 
sent it nor how it was accepted, therefore if it be 
not don we desire you would doe it yet, for indead 
we have great need, and we are disenabled of pro- 
curing such supplyes as we need by reason of 
the loss and damage we have received in o'r crops 
these two last years, we hope his Ma'tie will be fa- 
vowerable to us therein. 

Sr we shall take care to send you some money 
to enable you to attend o'r affayres, we are sorry 



244 Letter to Gen. Winthrop. 

o'r last hundred pownd sent, went into the hands 
of the French ; we are now designeing two hun- 
dred pownd to you more, which we hope may 
com safe to your hands, of which you shall receive 
a more perticuler acc't. 

Hono'ed Sr, we are very sorry to understand 
the discouragements you are under for want of o'r 
letters, we find they have miscaryed in there way 
to you, we should much rejoyce to see you here, 
and then the trouble and care of letters would be 
over, and we hope God in his good time will give 
us opportunity of seeing you, and rejoycing to- 
gether with you in all that goodness God hath 
shewen to you and us since you left us, and we 
have thought meet to desire you, when you return 
home to improve some trusty friend, that may 
have an interest at Court that may upon any oc- 
casion defend o'r interest, and to acquaint us what 
may be advantagious for us, and how we are to 
demean ourselves in all that trust that is comitted 
to us by his Ma'tie in all affaires that doe con- 
cern his interest at home or abroad, approving 
ourselves to be good and loyall subjects, which is 
all at present. 

From your friends and servants, heartily desire- 
ing and praying for your prosperity and welfare, 
and safe returne in Gods time. 

The Govern'r and Gen'ell Assembly of his Ma- 
jesties Colony of Connecticutt* 



Letter from Lords of Com. of Trade. 245 



A Letter from the Rt. Hon. the Lords of the 
Committee of Trade, relating to the Militia of 
Connecticut, fyc. 

Gentlemen — 

His Majesty haveing been frequently informed 
of the regard which severall of the colonies con- 
cerned have had, to the Quota appointed by her 
late Majestie of blessed memory, in the year 1694, 
to be observed dureing this warr, for the defence 
of the frontiers of the territories of the province 
of New York, in the following proportions, viz : — 



Connecticut^ 


120 


Rhoad Island and Providence, 


48 


Massachusets, 


350 


Maryland, 


160 


Virginia, 


240 


New York, 


200 


Pensilvania, 


80 


And any part of the Militia of East ') 




and West Newjerseys not excee- > 




ding ) 


700 



1898 

And his Majesty being at the same time sensi- 
ble of the necessity of that contribution, either in 
men or money for the general security of his colo- 
ny s on the continent of America ; hath comman- 
ded us to signifie unto all those above named, that 
it is his pleasure they should each of them contrib- 
ute and pay their respective proportions to the 
Government of New York, according to her late 
Majesties foresaid regulation. We therefore re- 
commend it to your care, that in relation of the 
colonv of Connecticutt, his Majesties pleasure 
21* 



246 Letter from Lords of Com, of Trade. 

therein be for the future punctually observed and 
executed. 

His Majesty haveing also been informed by 
complaints from severall hands, of the undue 
methods practised in some of his colonies for se- 
ducing the inhabitants from others, and being sen- 
sible how much that practice is contrary to the 
common interest of the whole, hath commanded 
Us to write unto the severall Governours or Gov- 
ernment of each colony, that they take care that 
effectuall laws be made in each of their respective 
Governments against the receiving and harbour- 
ing not only of deserters, but also of such fugi- 
tives as leave any of his plantations contrary to 
the laws provided for the purpose in each planta- 
tion respectively; which therefore we also now 
accordingly recommend to your observation. 

And whereas his Majestie hath also received 
complaints, that the entertainment given the py- 
rates in some of his colonies, and more particular- 
ly those under distinct proprieties, had occasioned 
ill minded persons, seamen and others, to desert 
their habitations and apply themselves to such 
wicked and destructive courses, to the great weak- 
ening and dispeopling of the colonies so abandon- 
ed by them, and to the great dishonnour of the 
English nation, whereupon he hath also required 
us to write to the severall proprietors and Govern- 
ours of all his plantations, that due care be taken 
for the future, that no pyrates or sea robbers be 
any where sheltered or entertained, under the se- 
verest penalties, we are obliged therefore to re- 
quire your strict care, as we do others, that all 
manner of discouragement be given in the colony 
of Connecticut, both to the rise and progress of 
such undertakings, and that upon the discovery 
thereof the offenders be punished according to the 



Letter from Lords of Council. 247 

utmost severity of the law— We are your very af- 
fectionate friends. 

J. BRIDGEWATER, 
PH. MEADOWS, 
JOHN POLLEXFEN, 
JOHN LOCKE, 
ABR. HILL. 
White Hall, February the 9th, 1696-7. 

For his Majesties especial service. 
To the Honnourable the Governour and Com- 
pany of his Majesties Colony of Connecticutt, in 
America. 



A Letter from the Right Hon. the Lords of the 
Council of Trade, relative to Pirates, tyc. 

Cockpit, March the 21th, 1697 

Gentlemen — 

Whereas great complaints have been made and 
daily continue, of manifold mischiefs comitted of 
late years, in the East Indias, and other parts of 
the world, by pyrates and sea robbers ; and of the 
too favourable entertainment, protection and en- 
couragement which it is notorious, have been giv- 
en to many of them in severall of his Majesties 
colonys in America, both in their preparation and 
fitting out from thence, and in their return thither, 
as to a secure receptacle. His Majesty takeing 
the same into consideration, together with the fur- 
ther consequences of such like perniceous practi- 
ces, which by the resentment of Princes and States 



248 Letter from Lords of Council. 

concerned and otherwise, will infallibly more and 
more tend to the prejudice of trade, and bring 
great scandall upon the English name and nation. 
And desireing that this evill may be at once effec- 
tually cured in the root and spring of it, hath there- 
upon been pleased to direct us to send unto the 
Governours of all his plantations in America, 
copies of an act past on the Island of Jamacia, 
for restraining and punishing of Privateers and 
Pi/rates, which may be very usefull for that end, 
and to require all his said Governours respectively, 
to use their utmost endeavours with the assem- 
blies, in each of his said plantations, for the pass- 
ing of acts there to the same effect, and when 
past, to be very vigilant in the exact execution 
thereof. Wee therefore accordingly send you 
herewith a copy of the said act, that his Majesties 
pleasure may be punctually observed in the colony 
of Connecticut, and that you may give us an ac- 
count of your proceedings therein — So we bid 
you heartily farewell. 

Your very loving frietids, 

J. BRIDGEWATER, 
PH. MEADOWS, 
JOHN POLLEXFEN, 
ABR. HILL, 
WILLIAM BLATHWAYT. 

For his Majesties especial service. 
To the Honnourable the Governour and Com- 
pany of his Majesties Colony of Connecticut, in 
America. 

Connecticut. 



LeHer from King William III. 249 



A Letter from his Majesty, King William the 3d, 
concerning frauds in the Plantation Trade, 

William R. 

Trusty and well beloved, wee greet you well : — 
Whereas, notwithstandtng the many good laws 
made from time to time, for preventing of frauds 
in the Plantation Trade, it is manifest that very 
great abuses have been and continue still to be 
practised, to the prejudice of the same, which 
abuses must needs arise, either from the insolv- 
ency of the persons who are accepted for security, 
or from the remissness or connivance of such as 
have been, or are Governours of the severall plan- 
tations, who ought to take care that those persons 
w r ho give bond should be duely prosecuted in case 
of non-performance, you are to take notice, that 
we take the good of our plantations, and the im- 
provement of the trade thereof by a strict and 
punctuall observance of the severall laws in force, 
concerning the same, to be of so great importance 
to the benefitt of this our kingdom, and the ad- 
vanceing of the duties of our customs here, that if 
we shall be hereafter informed, that at any tyme, 
there shall be any failure, in the due observance 
of those laws, within our colony of Connecticott, 
by any willfull fault or neglect, on your part, wee 
shall look upon it as an infraction of those laws, 
tending to the forfeiture of our letters pattents, 



250 Letter from William Popple. 

for the Government of that our said colony. So 
we bid you heartily farewell. 

Given at our court, at Kensington, this 22d day 
of Aprili, 1697, in the ninth j^ear of our reign. 
Bv his Majesties command, 

SHREWSBURY. 

To our trusty and well'beloved, the Governour 
and company of the colony of Connecticott, in 
America — Connecticutt. 



A Letter from William Popple, Esqr., to Gov. 
Winihrop while in England, as Agent for the 
Colony of Connecticut. 

White Hall, Aprili the 23th, 1697. 

Sir — The Lords Commissioners of the Councill 
of Trade, have commanded me to send you the 
inclosed copy of the petition of the Dutchess of 
Hamilton, with his Majesties order in Councill 
upon it, relating to the Narraganset country ; that 
you may consider thereof, and offer to their Lord- 
ships in writing, (on Monday next in the afternoon, 
or so soon as conveniently you can,) what reasons 
you conceive the Governour and company of 
Connecticutt have, why the prayer of the said 
petition should not be granted. 

I am, sir, your most humble servant, 

WM. POPPLE, 



Petition of Dutches of Hamilton. 251 



A copy of the Petition of Anne, Dutches of Ham- 
ilton, to the King. 

To the King's most Excellent Majesty — 

The humble Petition of Anne, Dutchess of Ham- 
ilton, Daughter and heir of James, late Duke of 
Hamilton, sheweth — 

That your Petitioner, is by vertue of an antient 
grant, made to the said James, Duke of Hamilton, 
intituled to a tract of land in America, formerly 
called the county of New Cambridge, and now 
known by the name of the Narragansett country, 
or the Kings Province, and to severall islands 
adjacent thereunto, as by the annexed state of the 
case may more fully appear; which said tracts of 
lands your petitioners father intended to settle, 
untill he was prevented by the rebellion in Eng- 
land, wherein he espouseing the royall cause of 
King Charles the first, lost his life, leaving your 
petitioner very young, duering which warr, and 
your petioners minority, severall persons pos- 
sessed themselves of the best, and considerable 
part of the said tract of land and islands, without 
any title derived from your petitioners said father, 
or herself, and have never paid any quit rent, or 
made any acknowledgement for the same, though 
your petitioner and her late husband, William, 
Duke of Hamilton, made frequent claims to it 
after the restauration of King Charles the second, 
and offered, as your petitioner still does offer, to 
cpnfirme to the planters, their respective settle- 
ments under such reasonable acknowledgments 
as are paid by other planters in the like cases. 

Your petitioner therefore most humbly prays 
your Majestie to give order, that she may be es- 



252 Order in Councill. 

tablished in her right to the said tract of land, and 
that the said inhabitants may pay her such quit 
rents for her lands they have taken upp, as your 
Majesty in your great wisdome shall think just, 
and that the residue of the lands unimproved may 
be put into your petitioners possession, and your 
petitioner will ever pray. 
A true copy. 

WILLIAM BRIDGEMAN. 



His Majesties order in Councill, upon the petition 
of Anne, Dutches of Hamilton, 

At the Court at Kensington, ) 

the 22d day of April, 1697. \ 

Present. 

The Kings most excellent Majestie in Councill. 

Upon reading this day at the Board, the humble 
petition and case of Anne, Dutchess of Hamilton, 
daughter and heir of James, late Duke of Hamil- 
ton, his Majesty takeing the same into his Royall 
consideration, is pleased to order in Councill, that 
the said petition, and case, (copies whereof are 
annexed,) be, and are hereby referred to the Right 
Honnourable, the Councill of trade, for their con- 
sideration, and to report the state of the matter 
with their opinion, what they conceive his Majes- 
tie may fitly do therein, for the honnourable peti- 
tioners just satisfaction. 

WILLIAM BRIDGEMAN. 



Case of Dutches of Hamilton, 253 



A Letter from Wm. Popple Esqr., to Gov, Win- 
throp, enclosing- a copy of the case of the Dutch- 
es of Hamilton, relative to Narraganset coun- 
try t 

White Hall, Aprill the 26th, 1697. 

Sir — According to your desire I send you here- 
withall a copy of the case of the Dutchess of 
Hamilton, and am thereupon commanded by the 
Lords Commissioners of the Councill of Trade, 
to desire you to dispatch your answer thereunto 
without delay. 

I am sir your most humble servant, 

WILLIAM POPPLE. 



The case of the Dutches of Hamilton, presented to 
the King in Council, 

Third November, 1620, King James the first, 
by Letters Pattent, incorporated the Duke of 
Lenox, Marques of Buckingham, and divers oth- 
ers, by the name of the great Councill" of Plym- 
outh, in the county of Devon, for the planting, 
ruleing, ordering and governing New England, in 
America, and grants to them and their successors, 
all the lands, &c. in America, lying between forty 
and forty eight degrees of northerly lattitude, and 
all islands, seas, rivers, creeks, inlets and havens, 
within those degrees, reserving only a fifth part of 
the oar gold and silver. 
22 



254 Case of Dutches of Hamilton, 

Twenty second April!, 1635, the great Council! 
of Plymouth, reciting the letters pattent above, in 
performance of an agrement amongst themselves, 
and for a competent summ of money, grant to 
your petitioners father, James then marquess ot 
Hamilton, (afterwards Duke of Hamilton,) his 
heirs and assigns, amongst other things, all that 
part and portion of the main lands of New Eng- 
land, beginning at the middle or mouth of the 
entrance of Connecticutt river, and from thence 
along the sea coast to the Narragansett river or 
harbour, to be accounted sixty miles in length and 
breadth, and all islands and isletts, as imbayed as 
within five leagues distance of the premises, and 
abutting upon the same or any part thereof, not 
otherwise granted by any by speciall name, and 
appoints the premises to be called from thence- 
forth by the name of the county of New Cam- 
bridge. 

1636, the Duke of Hamilton sent over an agent 
to survey and settle the country, but the civill warr 
beginning soon after, and the Duke of Hamilton 
being engaged in the Kings service, had no further 
leisure to look after his interest in America ; and 
the revolt of those colonys from the King, made 
it impracticable for him so to doe. 

The Duke of Hamilton lost his life for the King, 
and leaving your petitioner, his daughter and heir, 
under age, whose misfortune, as well as minority, 
incapacitated her to assert her right. 

Duering this time severall persons from other 
adjacent colonies settled themselves on the peti- 
tioners lands, without any legall authority derived 
from her or her father. 

1664, after the restoration of King Charles the 
second, the late Duke and present Dutchess of 
Hamilton, made their claime by petition to the 



Case of Dutches of Hamilton. 255 

King, who referred it to the Commissioners then 
appointed to settle the affairs of New England, 
to examine the petitioners title, and restore them 
to their right, or to report their opinion to the 

Kin S- . . . - 

This refference did not arrive, till two of the 

Commissioners, vizt. Sr Robert Carr and Coll. 
Cartwright were returned to old England ; but 
the other two Commissioners, Collonel Richard 
Nicholls and Mr. Mavericke, in one thousand six 
hundred sixty six, reported that the grant made 
to the petitioners father, took in all Rhoad Island 
colony and about half of Connecticutt, and that 
the Sachems of the Narraganset country or King 
Province, had in one thousand six hundred forty 
four, (which twenty three years after the grant 
from King James the first to the Councill of 
Plymouth, and nine years after their grant to the 
Marquess of Hamilton,) by a deed surrendered 
themselves and country into the protection of 
King Charles the first ; and that two of those 
very Indian Kings delivered the same deed to 
the Commissioners in one thousand six hundred 
sixty four, who thereupon entered into the country 
in the name of King Charles the second, and 
named it the Kings Province, and appointed Jus- 
tices of the peace to govern it till the Kings plea- 
sure were further known. 

Notwithstanding this evasive report, taking no 
notice of the petitioners claime, King Charles the 
second issued out a proclamation, prohibiting all 
persons to intrude or plant on the said Narrogan- 
set country, to prevent the irregular settlements 
which have since happened in that place, of which 
the petitioner complains. 

1682, King Charles the second appointed Mr. 
Cranfield, Mr. Dudley, Commissioners for exam- 



256 Case of Dutches of Hamilton. 

ining the titles of all persons claiming right in the 
Narroganset country. 

The late Duke of Hamilton and the petitioner 
haveing notice of this Commission, impowered 
Mr Edward Randolph to exhibit their title before 
Commissioners, but they had finished and sealed up 
their report before he arrived there. 

Mr. Randolph notwithstanding made his appli- 
cation to the Commissioners, and produced the 
petitioners title before them, but the fleet being 
then ready to sail for England, and the persons of 
whom the petitioner complained, being then not 
present, the Commissioners only made a short 
report, that they had seen the petitioners grant, 
and that it comprehended the greatest part of 
Narroganset country, and that they had sent 
copies of it to the planters who had intruded into 
that country without title, that they return their 
answer to England. 

1687, Sir Edmund Andross, then Governour of 
New England, received a Commission to make 
further enquiry into the propriety of the Narro- 
ganset country, who upon a full hearing of all per- 
sons then possessing that country, reports, that the 
possessors had no legall title, but were intruders, 
and that the grants of that country to Connecticutt 
and Rhoad Island people, which were obtained 
from King Charles the second, in one thousand six 
hundred sixty two, and one thousand six hundred 
sixty three, were got by surprize and false sugges- 
tions of some former grants, which he averrs in 
that report were never made. 

Of this Commission and report, the petitioner 
had no manner of notice, and therefore could 
make no claime before him, otherwise the peti- 
tioner makes no doubt but her title had been sus- 
tained at that time. 



Case of Dutches of Hamilton. 257 

Memorandum. 

Upon the twenty ninth of Aprill, 1697, the Earle 
of Aran delivered to the Councill of Trade, an- 
other copy of the case of Ann Dutchess of Ham- 
ilton, in which the paragraph beginning, Mr. Ran- 
dolph, notwithstanding, &c, was altered in the 
words following — 

Notwithstanding, the Commissioners being clos- 
ed, upon the application of Mr. Randolph, they 
gave in an additional report in the year 1683, 
wherein they declare, that they had summoned 
the proprietors who made claime to the Kings 
Province or Narragansett country, and in their 
presence had read the copie of the Duke and 
Dutchess of Hamiltons deeds, and heard Mr. Ran- 
dolphs pleas and improvements thereon, as agent 
for the Duke and Dutchess of Hamilton, and have 
also received the answer and defence of the said 
proprietors, and at the same time they did also 
order copies of the deeds of the Duke and Dutch- 
ess of Hamilton to be sent to the colony of Con- 
necticutt, to the end that they might make answer 
thereunto, which was don in eighty three, and in 
December following, the Governour and Councill 
of Connecticut^ gave in their answer to the Duke 
and Dutchess claime, which the petitioner is 
ready to produce, with the reply thereunto. 



22 



258 Memorial of Gen. Winthrop. 

Copy of a Memorial laid before the Lords of the 
Council of Trade, by Gen. Winthrop, relative 
to the Petition of the Dutches of Hamilton, to 
the King. 

To the Right Honnourable the Lords Commis- 
sioners of the Councill of Trade and Plantations. 
The memorial of Major General Winthrop, agent 
for his Majesties colony of Connecticut^ in New 
England. 

In obedience to your Lordships commands, in- 
timated to me by Mr. Popple, that I should give 
an answer to the Dutchess of Hamiltons Petition 
and complaint to the King; I humbly offer that 
the matter of the said complaint concerns a great 
number of people in New England, who as yett 
have no notice thereof, and that all the deeds and 
writings that serve to make out the title of the 
persons in possession, to the lands in controversy, 
are in New England. 

That I have no instructions in the matter, nor 
directions to appear for any of the persons con- 
cerned, but hope notice will be sent, and a con- 
venient time allowed them before any determin- 
ation be had in a matter of so great weight and 
concernment. 

J. WINTHROP. 

Aprill 30th 1697. 



Letter from Lords of Council. 250 

A Letter from the Lords of the Council of Trade, 
relating to the Dutches of Hamilton's claim, the 
controversy between Connecticut and Rhode Is- 
land, the Militia of Connecticut, fyc. 

Gentlemen — 

Wee send you herewith the duplicate of a let- 
ter thac we writ you the 9th of February last, and 
the copy of one sent you the 22d of April last, 
both of which were delivered to Major General 
Winthrop to be accordingly transmitted. And 
he being himself about to return to you, we must 
acquaint you that he has dilligently solicited all 
things that concern the colony of Connecticutt. — 
The Dutchess of Hamilton haveing renewed her 
claime to the property of the Narragansett coun- 
try, we have delivered unto him copies of her pe- 
tition and case, upon which we haveing laid our 
opinion before their Excellencies the Lords Justi- 
ces ; so soon as any resolution is taken thereupon, 
either by their Excellencies or his Majesty, we 
shall not fail to give you such notice thereof as 
may be requisite. It haveing been impossible'for 
us to determine any thing upon the controversy 
between you and Rhoad Island, about the Gov- 
ernment of the Narragansett country, because 
nobody has appeared before us, on the behalf of 
Rhoad Island; we cannot but offer to you our 
opinion, that an amicable agreement between your- 
selves about the boundaries of your two colonies, 
may be for mutuall advantage, and thereupon ex- 
hort you (as them) to apply yourselves unto the 
Right Honnourable Earl Bellemont, that he would 
please to assist you on both sides, in the comprom- 
izeing of your differences : which if it according- 



260 Letter from Lords of Council. 

ly succeed, then we desire you to send us over by 
the first opportunity, authentick copies of your 
said agreement ; that it may by that means be 
made fixt and unalterable. But if through any 
obstinacy, either on your part or theirs, our inten- 
tions in this method of a friendly compromise be 
frustrated, we have then desired his Lordship to 
give both you and them notice to send over agents 
hither as early as may be, the next spring, in or- 
der to a finall determination of that matter, upon 
a full hearing of both parties. His Majesty have- 
ing been pleased to appoint his said Lordship, the 
Earl of Bellemont to be Governour and Com- 
mander in Chief of his Provinces of the Massa- 
chusetts Bay, New York and New Hampshire, 
with powers also of Capt. Generall over the col- 
onies of Connecticott, Rhoad Island and other 
places ; explaining however his Royall intention 
therein, that in time of peace, the Militia within 
each of the said colonies, be left to the Govern- 
ment and disposition of the respective Governours 
of the same ; yet so nevertheless that in case of 
apparent danger or other exigency, his Lordship 
do at all times take upon himself the superiour 
command of those forces according to the tenor 
of his comission, you are accordingly upon all oc- 
casions relating to the colony of Connecticott, to 
give obedience to his Majesties pleasure therein. 
Whereas the Lords spirituall and temporall in Par- 
liament, did by an address in their last session, 
humbly represent to his Majesty, as a matter of 

freat importance both to this Kingdom, and to his 
[ajesties plantations in America, that the many 
good laws, which have from time to time, been 
made for the Government of the said plantations 
should be strictly observed and putt in execution, 
and in order thereunto did humbly propose to his 



Letter from Lords of Council. 261 

Majesty, that the severall proprietors of the plan- 
tations, where his Majesty hath no Governours of 
his own nomination, may enter into security that 
their respective Deputy Governours shall from 
time to time observe and obey all instructions that 
shall be sent to them from his Majesty, or any ac- 
ting under his authority, pursuant to the acts of 
trade, relating to the plantations, and perticularly 
(the colonies of Connecticott and Rhoad Island 
and Providence plantation, having their Govern- 
ours and assistants chosen annually by the people 
there, having no proprietors here in England, and 
being become a great receptacle for Pyrates, and 
carrying on severall illegall trades, contrary to the 
acts for the Government of the plantations) that 
the Governours of those severall places may 
therefore be obliged to give the like security in 
that behalf, his Majesty has thereupon been pleased 
to direct the Right Honnourable the Earle of 
Bellemont to require such security from the colo- 
ny of Connecticott, and we give you this notice 
thereof, in order to your complyance with what 
has been thus required by his Majestie, in pursu- 
ance of the said address of the Lords spirituall 
and temporall in Parliament — So we bid you 
farewell. 

Your verv loving friends, 

J. BRIDGEWATER, 
PH: MEADOWS, 
JOHN POLLEXFEN, 
JOHN LOCKE, 
ABR. HILL. 
White Hall, August the 26th, 1697. 

The Hon. the Governour and Company of his 
Majesties Colony of Connecticott, in New Eng- 
land in America. 



262 Letter from Lords of Council. 



A Letter from the Rt. Hon. the Lords Commis- 
sioners of the Council of Trade, for publishing 
the Peace between his Majesty and the French 
King, 

Gentlemen — 

By order of their Excellencies the Lords Justi- 
ces, we send you herewithall the Proclamation for 
publishing the peace lately concluded between his 
Majesty and the French King, upon the receipt 
whereof you are required forthwith, to cause the 
same to be solemnly published, in the usual places 
within his Majesties territories under your Gov 
ernment, and to give notice to all privateers an( 
comanders of ships throughout said Governmen 
to cease hostilities with the French Kings subjects 
according to the tenor of the said Proclamation 
So wee bid you heartily farewell. 
Your very loving friends, 

J. BRIDGEWATER, 
PH. MEADOWS, 
JOHN POLLEXFEN, 
JOHN LOCKE, 
ABR. HILL, 
GEORGE STEPNEY. 
White Hall, October the 27th, 1697. 

For his Majesties especial service. 
To the Honnourable the Governour and Com 
pany of his Majesties Colony of Connecticott, in 
America. 

Connecticott. 



Petition to King, $c. 263 

Att a meeting of the Governour and Councill att 
Hartford, December 24th, 1697. 

By order of the Lords Commissioners of Trade 
and Plantations, the peace between his Majesty 
and the French King was this day published in 
Hartford. 



Copy of the Petition of John and Nicholas Hal- 
lam to the King, and his Majesties reference of 
the same to the Lords of the Council of Trade, 

4-c. 

To the King's most Excellent Majesty — 

The humble petition of John Hallam and Nich- 
olas Hallam, inhabitants of New London, in your 
Majesties colony of Connecticut in New England, 
Executors of the last Will and Testament of Ol- 
ive Liveen deceased, sheweth that the Right Hon- 
nourable the Councill of Trade, by their represen- 
tacion bearing date the 9th March, 1698,-9, found- 
ed on an order of your Majesty in Councill, to 
consider your petitioners case, and represent to 
your Majesty, that there had been an obstruction 
of the course of Justice to your petitioners in the 
courts of the said colony, and that it was your 
Majesties. inherent right to receive and determine 
appeals from all your Majesties subjects in Amer- 
ica, that your Majesty thereupon by order in 
Councill dated the said 9th day of Ma*ch then 
following, was graciously pleased to approve the 



264 Petition to King., <£c. 

said report, and to order that your petitioners case 
and any other whatsoever that may hereafter hap- 
pen upon differences about private rights, be fair- 
ly heard and judged in the proper courts estab- 
lished in that colony, and that in case your peti- 
tioners or any other persons should think them- 
selves agrieved by the sentance or sentances which 
may be there given, they may be thereupon ad- 
mitted to appeal to your Majesty in Councill, and 
that in all such cases the Governour and Compa- 
ny of the said colony do take notice that it is the 
inherent right of your Majesty, to receive and de- 
termine appeals from all your Majesties subjects 
in America, and the said Councill of Trade, were 
by the said order to signify your Majesties pleas- 
ure to the said Governour and Company accor- 
dingly. That the said order was sent over by the 
said Councill of Trade to the said Governour and 
Company, and by them rec'd and openly read in 
their publick and General Assembly, as by affida- 
vit hereunto annexed, and by a certificate under 
the seal of the said colony doth appear, and that 
your petitioners did lately bring their suit in the 
Prerogative court of New London aforesaid, 
against John Winthrop Esqr., Governour of the 
said colony, and Edward Palmes Esqr., Executors 
named in the pretended last Will and Testament 
of John Livecn deceased, for that the said John 
Liveen was non compos mentis when he made 
his said Will, and that the said Liveen by a former 
Will, haveing no children of his own, had given 
his whole Estate to your petitioners, and to their 
Mother, then wife of the said Liveen. And that 
altho your petitioners did fully and plainly prove 
insanity, yet the said court gave judgment against 
your petitioners, whereupon your petitioners ap- 
pealed to the court of assistants, a Supreme court 



Petition to King, tyc. ' 265 

held at Hartford, in the colony aforesaid in May- 
last, where the said former judgment was affirm- 
ed. That your petitioners did their pray the ben- 
efit of your Majestys said order, and did desire 
and demand of the said court an appeal to your 
Majesty in Councill, but the said court did abso- 
lutely and positively deny and refuse the same, 
and the said Winthrop, who is not only Governour 
of the said colony, but one of the judges of the 
said court, did then publickly declare no appeals 
from thence should be allowed to your Majesty in 
Councill, and before any should be allowed, they 
would dispute that point with your Majesty, as by 
affidavit annexed doth appear. 

That your petitioners being deprived of the 
benefit of yo'r Majestys said gracious order, by 
the said courts contempt thereof, your petitioner, 
Nicholas Hallam, hath been necessitated to take 
upon him the fatigue and expence of a voyage 
to England, in order to make further application 
to your Majesty for their relief (of which your pe- 
titioners gave the defendants timely notice) as by 
affidavit annexed appears, and to that purpose 
your petitioner has brought over sufficient and au- 
thentick copies of all the papers and records in 
the said cause, under the hand of the Secretary, 
and the seal of the colony. 

Your petitioners therefore most humbly pray 
their said cause may be heard and determined by 
your Majesty in councill, or that your Majesty 
would be graciously pleased to give such orders 
and directions on your petitioners behalfe, as that 
your petitioners appeal may be allowed, and the 
same heard and determined by your Majesty in 

23 



260 Letter from Lords of Council. 

Councill ; and your petitioners, as in duty bound, 

shall ever pray, &c. 

JOHN HALLAM, 
NIC. HALLAM. 
August, 1798. 



A Letter from the Right Honorable, the Lords of 
the Council of Trade, relative to Pirates and 
Privateers. 

White Hall, Oct. ye 25th, 1698. 

Gentlemen — 

We have received a letter in the name of the 
Governour and Company of Connecticott, signed 
by the Secretary, and dated the 27th January 
last ; as also another signed by Major Genl. Win- 
throp your present Governour, dated the first of 
July last, in which he sends us the copy of an act 
of that colony against Pirates and Privateers, and 
promises ye copies of the whole body of acts or. 
laws of that colony which we formerly. desired, 
the obligation that lies upon us to inspect the 
laws of all his Majesties plantations in America, 
and the frequent occasions we have to do so, 
make it absolutely necessary that yours be all of 
them transmitted to us ; and therefore we again 
repeat our desire, that it may be done in authen- 
tick form without delay, as for what relates per- 
ticularly to pyrates; tho laws be necessary, we 
observe that in most places, execution is more 
wanted than laws. And therefore we recom- 
mend to you a vigilant care that all persons who 






Letter from Lords of Council. 267 

may be justly suspected of such practices be seized 
and prossecuted with the utmost rigour that the 
law will allow, for they deserve it all, and it is 
notorious that many such do land, sometimes in 
one place and sometimes in another, and remove 
from colony to colony, or settle where they think 
themselves most secure : which could not be done, 
if the severall governments there, were so watch- 
full as their duty requires them ; and we should 
be glad to se som instance of your diligence in 
that kind. We observe also that some sorts of 
illegall trade have a great connection with pyracy, 
particularly that to Madagascar, from whence 
East India comodities, pyratically taken, are 
brought over to the plantations, and there con- 
nived at ; and this we have reason to believe the 
colony of Connecticott is not wholly free from. 
The seizure of some East India goods that was 
made, or endeavoured to be made, in the begin- 
ning of July last, by Capt. Culliford, at Stanford, 
in Major Sellick's and his sisters houses, and the 
opposition made thereunto, are an undeniable 
proof of som sort of guilt, and we therefore desire 
you to send us an exact account of that transac- 
tion, and to have a constant care in all these 
matters, of what his Majesties service, and the 
interest of England requires from you — so we bid 
you heartily farewell. 

Your very loving friends, 

J. BRIDGEWATER, 
PH. MEADOWS. 
JOHN POLLEXFEN, 
ABR. HILL. 

For his Majesties especiall service, to the Hon- 
nourable, the Governour and Company of his 
Majesties colony, in America. Connecticutt. 



268 Instructions from Lords Justices •„ 



Instructions from the Lords Justices of England, 

V 

> 



By the Lords Justices. 

Instructions for the Gov- 
ernour and Company of his 
Majesties colony of Con- 
necticutt, in America. 



Tho. Cantuar, 

Somerset, 

Pembroke, E. S. S. 

Marlborough, 

Romney, 

Orford. 

f ~~# Given at White Hall, the 10th day 

X seal. \ of Novr. 1698,in the twelfty yearof 
jL~~~ JL his Majesties reigne. 

His Majesty having been informed that the 
Navall Officers, being the persons appointed by 
the Governours in his respective plantations in 
America, to take bonds and give certificates for 
clearing of ships, have generally neglected to com- 
ply with the direction of the late act of Parliament 
for preventing frauds and regulating abuses in the 
plantation trade, which requires their giving secu- 
rity to the Commissioners of the customs in Eng- 
land, for the due discharge of their trust, and it 
haveing been further represented to his Majesty, 
that beside the security which the said navall 
officers are obliged by law to give, it would be 
very expedient that (according to the constitution 
of the customes in England which has provided a 
controul upon the action of every officer imployed 
therein,) the concurrence of the collectors ap- 
pointed by the commissioners of the customes in 
his Majesties plantations, should also be necessary 
to so important an act as that of signing certifi- 
cates for clearing of ships. His Majesty takeing 
the same into consideration, is hereby pleased to 
declare his will and pleasue, and you are accor- 
dingly hereby required, to take care that the naval 



Letter from James Vernon. 269 

officer or officers, in his Majesties colony of Con- 
necticut! in America, under your government, do 
give security for the due discharge of his or their 
trust, to such person as is or shall be appointed 
by the comissioners of the customes for that pur- 
pose, according to the direction of the foremen- 
tioned act of Parliament, and likewise that you do 
not admitt or allow any certificates signed by the 
navall officer or officers aforesaid ; for the clearing 
of ships within his Majesties said colony of Con- 
necticott to be valid and efFectuall, for that end, 
without the concurrence of the collector appoint- 
ed there, by the comisioners of his Majesties cus- 
tomes. 

By their Excellencies command, 

JA. VERNON. 



A Letter from the Rt. Hon. James Vernon, one 
of his Majesties Secretaries of State, for the 
apprehension of Capt. Kidd. 

White Hall, 23d November, 1698. 

Gentlemen — 

The Lords Justices being informed by several 
advices from the East Indias, of the notorious Pi- 
races comitted by Capt. Kidd, Commander of the 
Adventure Galley, and of his having seized and 
plundered divers shipps in those seas. As their 
Excellencies have given order to the Commander 
of the Squadron fitted out for the East Indias, that 
he use his utmost endeavours to pursue and seize 
the said Kidd, if he continife still in those parts, so 
23* 



270 Letter from James Vernon, 

likewise they have comanded me to signifie their 
directions to the respective Governours of the 
colonies under his Majesties obedience in Ameri- 
ca, that they give strict orders, and take pellicular 
care for apprehending the said Kidd and his ac- 
complices, whenever he or they shall arrive in any 
of the said plantations, as likewise that they se- 
cure his ship and all the effects therein, it being 
their Excellencies intention, that right be don to 
those who have been injured and robbed by the 
said Kidd, and that he and his associates be pros- 
secuted with the utmost vigour ot the Law. You 
are to be carefull therefore, duly to observe the 
said directions, and if the said Kidd, or any of his 
accomplices happen to be seized within the prov- 
ince under your Government, you are forthwith to 
transmitt an account thereof hither, and take care 
that the said persons, shipp and effects be secured, 
till his Majesties pleasure be known concerning 
them. I am Gentlemen, your most faithfull hum- 
ble Servant, 

JA. VERNON. 

To the Governour and Company of his Majes- 
ties Colony of Connecticott in America. 

Note. — Capt. Kidd was an Englishman by birth, a mariner 
of high reputation, and in the Reign of William 3d he be- 
came master of a Privateer in the West Indies, with the char- 
acter of an adept seaman, a bold and daring officer. The 
Governor of Barbadoes interceded with the Crown to give 
Kidd power to suppress piracy and place him in the command 
of a Government ship for this purpose. The Crown issued a 
Commission to Capt. Kidd to that effect, with the title of Ad- 
miral of England, dated Dec. 11,1695, with power to appre- 
hend all pirates and freebooters and bring them to legal trial . 
Indeed no implicit was the confidence of the King in him at 
that time, that he entrusted him with another Commission, that 
of reprisals to take French Merchant ships, during the war 
with England and France. In 1696 Kidd sailed from Eng- 



Letter from James Vernon. 271 

laud to New York, armed with thirty guns and about 80 men. 
On his arrival at New York he doubled his number of hands 
and put again to sea. The first dishonest or piratical act of 
Kidd was at Mabbee, on the Red Sea, when he took a quantity 
of corn ; after this, he soon pursued the life of a pirate, and a 
more blood thirsty, daring and cruel one, did not sail the ocean. 
He was for soma time about the coast of Malabar, where he 
plundered many small vessels and a Portuguese ship, and mur- 
dered some of their crew. Soon after the ship Queda of 400 
tons fell into his possession, a part of the cargo he sold for 
.$40,000. Kidd then sailed for Madagascar and became a terror 
to his own'countrymen, as dangerous to the lives of his fellow- 
men, and to the commerce of the world. The news reaching 
England, the King offered a pardon, by proclamation to all pi- 
rates (excepting Capt. Kidd) who would report themselves be- 
fore the 30th day of April 1699. A letter from England da- 
ted Feb. 10th, 1699, ordered all pirates taken in these Colonies 
to be sent to England for trial, with the witnesses against 
them. The King having been informed that some pirates re- 
turned from the East Indies had been secured, or rather their 
effects, which by the aforesaid letter was ordered into the hands 
of the Governor of New England and New York, with an ex- 
press order to send home Capt. Kidd, and others who had been 
seized in several parts of the Plantations, for the purpose of 
trying them in England. Capt. Kidd was apprehended at 
Boston, secured with irons, and sent home with others for tri- 
al. He buried a chest of specie upon Gardners Island, which 
was sent for and taken by the Governor of Massachusetts, af- 
ter Kidds arrest. (A Mr. Gardner now occupant of said Is- 
land, has in his possession a piece of cloth, (called gold cloth) 
which was left there by Kidd himself, and which is yet in a 
good state of preservation.) 

They were tried at the Old Baily for piracy and murder, 
found guilty, and soon hung at Execution Dock. Tradition 
says their bodies were suspended in chains near the bank of the 
River Thames, and there remained exposed for years, to dis- 
grace them, and deter others from the crime of piracy. In the 
early settlement of the Colony of Connecticut, it was a place 
of resort and covert for pirates, particularly at the mouth of 
Connecticut River ; so much so, that the General Court of this 
Colony passed several acts upon the subject, to apprehend and 
punish them. About the time that Kidd was at New York and 
Boston, (tho' his name is notmentioned[upon the record,) Cul- 
liford and other pirates, the friends and accomplices of Kidd, 
were in the Atlantic, which probably caused the aforesaid let- 
ter to be transmitted to this Colony. But the ridiculous idea 
that some have entertained, that the ill gotten gains of Kidd 
were deposited in the Green Mountains of Vermont, or any 



272 Letter from James Vernon. 

other part of the interior of New England, which he procur- 
ed at Malabar or elsewhere, is quite too contemptible to credit. 
But that such a man existed and visited this coast the aforesaid 
letter evidently proves, tho' it has often been denied — at least 
doubted. 



A Letter from the Rt. Hon. James Vernon, one of 
his Majesties principal Secretaries of State, rel- 
ative to ships of force fitted out in Scotland. 

White Hall, 2d January, 1698,-9. 

GentlUken — 

His Majesty haveing received advice from the 
Island of Jamacia that severall shipps of force, 
fitted out in Scotland, were arrived at the Island of 
St. Thomas, with an intention as they declared to 
settle themselves in some parts of America, their 
designe being unknown to his Majesty, least the 
same should derogate from the treatys his Majes- 
ty hath entered into with the Crown of Spain, or 
be otherwise prejudiciall to any of his Majesties 
Colonies in the West Indian, his Majesty com- 
mands me to signifie his pleasure to you, that you 
strictly enjoyn all his Majesties subjects, or others 
inhabiting within the districts of your Govern- 
ment, that they forbear holding correspondence 
with, giveing any assistance to any of the said per- 
sons, while they are engaged in the foresaid enter- 
prize, and that no provisions, arms, ammunition or 
necessarys whatsoever be carried to them from 
thence, or be permitted to be carryed, either in 
their own vessells, or any other shipps or vessels 



Letter from William HI. 273 

for their use. His Majesty requires that you do 
not fail herein, but take pellicular care that the 
above mentioned directions be duly observed, and 
that you send hither an account of your proceed- 
ings in the execution of these his commands. 
1 am Gentlemen, your most humble Servant, 

JA. VERNON. 

To the Governour and Company of his Majes- 
ties Colony oi Connecticutt, in America. 



A Letter from his Majesty William 3d, command- 
ing that all Pirates seized here shall be sent to 
England, fyc. 

William R. 

Trusty and well beloved, wee greet you well. 
Whereas we have been informed that several Py- 
rates have been lately seized in our Plantations in 
America, and it being necessary that due care be 
taken for bringing them, and all others that may 
in like manner be seized hereafter to condign pun- 
ishment, wee do hereby strictly charge and re- 
quire you to send hither in safe custody, all Py- 
rates, who are or shall be seized in our colony of 
Connecticut, under your Government, at the time 
of your receiving this direction, and also to send 
the witnesses and other evidences upon which the 
said Pyrates have been seized, and which may be 
of any use towards their conviction here, that so 
they may be tryed and punished according to law, 
and in the mean while to take care that the goods 



274 Letter from Lords of Council. 

and effects of the said Pyrates be secured, that 
so they may hereafter be disposed of as shall by 
law be determined. 

Which method of sending Pyrates, together 
with the evidences produced against them, and se- 
cureing their effects, you are upon pain of our dis- 
pleasure in like manner to observe from time to 
time, as a standing rule, with regard to all the oth- 
er Pyrates that shall at any time hereafter, be sei- 
zed in our said colony of Connecticott. 

And so wee bid you farewell — Given at our 
Court at Kingston, the tenth day of February, 
1699, in the eleventh year of our Reigne. 
By his Majesties command. 

JERSEY. 

To our trusty and well beloved, the Governour 
and Company of our Colony of Connecticut, in 
America. Connecticut. 



A Letter from the Right Honorable, the Lords 
Commissioners of the Council of Trade, rela- 
tive to his Majesties order in Council on the 
Petition of Major Palmes and the Hallams. 

White Hall, April the 24th, 1699. 

Gentlemen : — 

In pursuance of an order, made by his Majesty 
in Councill, upon a representation which we laid 
before him the 9th of March last, relative to the 
petitions presented to his Majesty by John and 
Nicholas Hallam, and by Edward Palmes and 



Order in Council. 275 

John Hallam, inhabitants of Connecticut, wherein 
they complain of the obstruction of justice in that 
colony ; we send you here enclosed, his Majesties 
said order, and together therewith, we also send 
you copies of both the said petitions, upon which 
our representation was made ; and as you will 
thereby fully understand, what it is that his Ma- 
jesty requires from you, you are further to take 
notice that he expects your speedy and punctuall 
obedience thereunto, as you will answer the con- 
trary. So we bid you heartily farewell. 
Your very loving friends, 

J. BRIDGEWATER, 
PH. MEADOWS, 
JOHN POLLEXFEN, 
WILLIAM BLATHWAYT, 
ABR. HILL. 

To the Honnourable the Governour and Com- 
pany of his Majesties colony of Connecticott, in 
America. Connecticut. 



His Majesties order in Councill, concerning Ma- 
jor Palmes, and John and Nicholas Hallams 
cases. 

At the Court at Kingston, ) 
the 9th of March, 1698. \ 

The Kings most Excellent Majesty in Council. 

Upon reading this day at the Board, a represen- 
tation from the Councill of Trade, in the words 
following : — 



276 Order in Council. 

May it please your Majesty : — 

In obedience to your Majesties several orders 
in Councill of the 23d of February last, wee have 
considered the petitions of John and Nicholas 
Hallam, and of Edward Palmes and John Hallam, 
inhabitants of your Majesties colony of Connecti- 
cut, thereunto annexed, relating to two perticular 
cases, wherein they complain of the obstruction 
of justice in the said colony. 

And wee thereupon most humbly represent to 
your Majesty, that tho the rights of either of the 
said cases, do not appear unto us by any sufficient 
proofs, and we cannot therefore offer any opinion 
thereupon, yett nevertheless we humbly conceive, 
that upon what has been sett forth by the fore- 
mentioned petitioners about the denyall or ob- 
struction of the course of justice in your Majesties 
colony of Connecticott, your Majesty may fitly 
require the Governour and Company of the said 
colony, to take care that no such obstruction of 
the course of justice be practiced or allowed 
amongst them ; but that the respective cases sett 
forth by both the forementioned petitions, and 
any other cases whatsoever, that may hereafter 
happen upon differences between man and man, 
about private rights, be fairly heard, and judged 
in the proper methods of the courts established in 
that colony, and that in case the foresaid petition- 
ers or any of them, or any other persons do 
think themselves aggrieved by the sentance cr 
sentances which may be there given, they may 
thereuppon be allowed to appeal unto your Ma- 
jesty in Councill, and that the copys of records 
and other proceedings in all such respective cases, 
be transmitted hither, in order to a finall hearing 
and determination thereof, by your Majesty in 



Order in Council* 277 

Councill, it being the inherent right of your Ma- 
jestie to receive and determine appeals from all 
your Majesties subjects in America, which never- 
theless is most humbly submitted, 

TANKERVILLE, 
PH. MEADOWS, 
WILLIAM BLATHWAYT, 
JOHN POLLEXFEN, 
ABR. HILL. 
White Hall, March the 9th, 1698-9. 



His Majesty m Councill, approveing of what is 
proposed by the Councill of trade in the said rep- 
resentation, is pleased to order that the Governor 
and Company of the colony of Connecticott be 
required to take care that no obstruction of the 
course of justice be practiced or allowed amongst 
them, but that the respective cases mentioned in 
the said representation, and any other whatsoever 
that may hereafter happen upon differences be* 
tween man and man about private rights be fairly 
heard and judged in the propper methods of the 
courts established in that colony, and that in case 
the petitioners in the aforesaid causes, or any of 
them, or any other persons shall think themselves 
agrieved by the sentance or sentances, which may 
be there given, they may thereupon be allowed to 
appeal to his Majesty in Councill, and that copies 
of all records, and other proceedings in all such 
respective cases be transmitted hither, in order to 
a finall hearing and determination thereof, before 
his Majesty in Councill ; and that in all such cases 
the Governour and Company of the colony of 
Connecticott do take notice that it is the inherent 
right of his Majesty to review and determine 
apeals from all his Majesties colonys in America, 
24 



278 Letter from James Vernon, 

and that they do govern themselves accordingly, 
and the Right Honnourable, ye Councill of trade, 
are to signifie this his Majesties pleasure to the 
Governour and Company of the colony of Con- 
necticut accordingly. 

JOHN POVEY. 



A Letter from the Rt. Hon, James Vernon, one of 
his Majesties principal Secretaries of State, 
relative to ships of force, fitted out in Scotland. 

White Hall, June 18th, 1699. 

Gentlemen : — 

I signified to you, his Majesties pleasure in Jan- 
uary last concerning the Scotts, who had under- 
taken an expedition to the West Indias, the place 
not being then known, in which they designed to 
settle, and his Majesty being since informed, that 
they have taken possession of the Bay of Cairat, 
near the Bay of Darien, between Cartagena and 
Porto Belle, and are fortifying themselves there, 
seeming resolved to maintain it by force, against 
the Spaniards. His Majesty considering this at- 
tempt as a violation of the treatys subsisting be- 
tween his Majesty and the Crown of Spain, com- 
mands me to acquaint you, that he expects his 
former orders should be strictly observed, a du- 
plicate whereof, is therefore enclosed ; I suppose 
upon the receipt of the first letters, you have 
given all necessary directions that no correspond- 
ence should be kept with the said Scotch colony, 
and that no provisions, amunition or other assist- 



Commission to Henry Ashhurst. 279 

ance should be furnisht them, or be suffered to be 
conveyed to them, from any part of your govern- 
ment. His Majesty would have the same care 
continued, so as the said orders may in all per- 
ticulars be fully obeyed and putt in execution. 
I am Gentlemen, 

Your most humble servant, 

JA. VERNON. 

To the Governour and Company of his Majes- 
ties colony of Connecticut, in America. 



Copy of the Commission sent to Henry Ashhurst. 

#~~~ — % \\r e t ne Governour and Gener'll 
| seal of I Assembly of his Majesties colony of 
X (.Jlqny. \ Connecticut in New England, have- 

4~~~ % ing received his Majesties comands 

to make out our right unto the Gov- 
ernment of the colony comonly called Narragan- 
set Country, included within ye Charter of incor- 
poration, granted to us by King Charles the second, 
and bearing date April 23d, in the 14th year of his 
reigne, and to shew that the colony of Rhoade 
Island have no just claime to the Goverment of 
ye said Narraganset country, by an agent deputed 
for that end in our behalfe. Reposeing special 
trust and confidence in you, Sr Henry Ashhurst, 
Baronett, have nominated, chosen, desired, com- 
missioned and impowered, and do hereby fully 
and clearly nominate, choose, desire, comission 
and impower you the aforenamed Sr Henry Ash- 
hurst, Baronet, personally to appear before our 



280 Commission to Henry AshlwrsL 

Sovraigne Lord the King, or such others as under 
his Majesty may take cognisance of the said 
affaire ; and unto them to make our right afore- 
said, and to answer and reply to all pleas, that 
shall be made before them, by any agent or 
agents, for his Majesties colony of Rhoade Island, 
for the Government of the said country, as be- 
longing to the said colony of Rhoad Island ; and 
to transact whatsoever you have from us, or 
from the-, Governour and Councill of this his 
Majesties colony in instruction relating to the 
said affaire, or whatever else shall by us be, or 
by the said Governour and Councill, be commit- 
ted to your care, and you are farther hereby 
impowered to appoint such other person or per- 
sons in your stead, as by you shall seem reason- 
able ; and whatsoever shall be lawfully done or 
acted by you, or by any person or persons so 
appointed by you in your stead, in any of the 
premised matters, we will accordingly hold for 
good. Dated in Hartford, in New England, the 
15th day of October, 1699, in the 11th year of 
the reigne of our Sovreigne Lord, William the 
third, King of England, Scotland, France and 
Ireland, &c., and given under the seal of this his 
Majesties colony of Connecticut. 

J. W., Gov'r. 

Signed by order of the Gen'Il Assembly. 

Eleazar Kimberly, Sec'ry* 



Letter from Mr. Vernon. 281 



A Letter from Mr. Secretary Vernon, relative to 
Pirates and their effects, Capt. Kidd, §c. 

White Hall, November 30th, 1699. 

SiR-^-His Majesty being informed that you have 
secured the effects of some Pyrates that were re- 
turned from the East Indias, approves of your dil- 
igence in so doing ; and further commands me to 
si^nifie his pleasure to you, that you put the said 
effects, (whether they be in money or goods) into 
the hands of the Earle of Bellomont, his Majesties 
Governour of New England and New York, to 
whom his Majesty has sent his orders about send- 
ing home Kidd and other Pyrates, who have been 
seized in several parts of the Plantations, in order 
to their being tryed here ; the said Earl of Bello- 
mont being likewise intrusted by his Majesty to 
convey hither all the effects belonging to the said 
Pyrates, and to consigne them to the Lords Com- 
issioners of his Majesties Treasury, my Lord Bel- 
lomont has made a volluntary offer to transmit his 
account upon oath, of all the goods he hath or 
shall receive as belonging to Pyrates ; and his 
Majesty thinks it fitt that those to whose hands 
any of the said goods are come, should deliver 
their accounts in the same manner, not doubting 
but such as are in places of public trust, will be 
ready to give all proofs of their integrity. 

I am Sir, vour most faithfull humble Servant, 

JA. VERNON. 

To the Governour of his Majesties Colony of 
Connecticut, in America. 

24* 



282 Henry Ashhurst T s Memorial. 



Copy of a Memorial relating to the Narraganset 
Country, laid before the Lords of the Council 
of Trade, by Sir Henry Asldiurst. 

To the Right Houn t ble 

The Lords Com'rs of Trade and Plantations, 

The humble memorial of Sr Henry Ashhurst, 
Baronett, Agent for the colony of Connecticut in 
New England, humbly asserting the right of the 
said colony to the Government of the Narrogan- 
sett country, in opposition to the claime made by 
the Governour and Company of Rhoad Island. 

Though it may not be absolutely necessary to- 
wards the decission of this controversy, to trouble 
your Lordships with tracing back to the origenall 
of that undoubted right, the Crown of England 
hath to the Government of the said country of 
Narrogansett ; we humbly crave leave to pre- 
mise, that the natives and inhabitants of that coun- 
try (before they received any particular scheme or 
form of Government from the Crown of England) 
made their application to the said colony of Con- 
necticut^ desireing they would represent to his 
sacred Majesty King Charles the Second, the 
unanimous consent and desire of the Narrogan- 
setts to be under the jurisdiction of his Majestys 
colony of Connecticutt, which was accordingly 
don, and his Majesty was graciously pleased by 
his Charter, bearing date the 23d day of Aprill, in 
the fourteenth year of his Reigne, being the year 
of our Lord 1662, to grant to the Governour and 
Company of his Majesties colony of Connecti- 
cutt aforesaid, and their successors, all that part 
of his Dominions in America, bounded on the East 
by Narrogansett River, alias Narrogansett Bay, 



Henry Ashhurst's Memorial. 283 

where the said River falleth into the sea, and on 
the North by the Massachusetts Plantation, and 
on the South by the sea, in Longitude as the line 
of the Massachusetts colony, running from East 
to West, (that is to say) from the said Narrogan- 
sett Bay on the East, to the South sea on the 
West, with the Islands thereunto belonging and 
adjoining, together with all firm lands, soyle, 
grounds, havens, jurisdictions and priviledges there- 
unto belonging, as in and by the said Charter ready 
to be produced to your Lordships will more fully 
appear, to have and to hold unto the said Govern- 
our and Company and their successors forever, in 
free and comon soccage as of his manor of East 
Greenwich, yealding and paying one fifth part of 
all the oar of gold and silver, which should from 
time to time be there dugg and gotten, as may al- 
so by the said Charter more fully and at large ap- 
pear. 

In pursuance of this gracious Charter, the Gen- 
erall Assembly of Connecticutt did make severall 
orders in the year 1603 and 1664, and severall 
officers for settling the Government of the said 
country of Narragansett, on which foundation the 
inhabitants thought themselves very happily set- 
tled, till some time after their quiett was disturbed 
by the plantation of Rhoad Island, who as they 
alledged had obtained a pattent from his said Ma- 
jestie King Charles the Second, in the year 1663, 
in which the Government of the said country of 
Narrogansett, as they alledged was comprehended, 
and that the colony of Connecticut had no right 
to the said Government, which claime of the 
Rhoad Island tis humbly hoped will appear to 
your Lordships groundless and not justifiable, up- 
on those following accounts. 

1st. They must either affirme that the bounds 



284 Henry Ashkursfs Memorial 

of the country of Narragansett are not truly de- 
scribed in our Pattent, or secondly, that their ob- 
taining a subsequent Pattent is a revocation of 
ours which was preceedent. As to the first of 
these, tis humbly offered to your Lordshipps, that 
in regard of the distance of the place, your Lord- 
ships would admitt of examinations taken from 
antient natives of the Pequott and Narragansett 
country, ready to be produced to your Lordships, 
which agree with the bounds described in our said 
Charter. And for a further confirmation of this 
we beg leave to offer to your Lordships, the pro- 
ceedings upon a commission under the Royall 
Signett, the seventh of Aprill in the thirty-fifth 
year of his said late Majesty King Charles the 
Second, a true copy of the return of the proceed- 
ings, under the commissioners hands, being like- 
wise ready to be produced to your Lordshipps, by 
which it doth appear that in obedience to the same 
comission, they the said commissioners had enqui- 
red into the bounds of the said country of Narro- 
gansett, and to whom the right of Government 
did appertain, in order to make a true and certain 
report thereof to his Majestie, and did according- 
ly certifie under their hands, that the bounds of 
Narrogansett were agreeable to the Pattent or 
Charter of Connecticutt, and that they apprehend 
upon due enquiry and examination had, that the 
Government did of right belong to the colony of 
Connecticutt. 

2dly. If the said country and the bounds of it 
be rightly described in our Charter, wee beg leave 
to affirme, that the subsequent Charter, granted to 
Rhoad Island, of any jurisdiction in the Narrogan- 
sett country is so farr from repealing or disannull- 
ing the former Charter granted to uss, that tis in 
itself void and of no effect as to this particular, for 



Henry Ashhurst's Memorial. 285 

had his Majesty granted to any of his subjects of 
England, a certain mannor,or lands in this Kingdom 
of England to hold to the granted and his heyrs ; 
and after granted the same mannor another and 
his heirs, the second grant is void ; because the 
King is by construction of law, supposed to be de- 
ceived in his grant, haveing at the time of the sec- 
ond grant no estate in him, and by consequence 
nothing that can be transferred over to the second 
granted. And tis humbly hoped your Lordshipps 
will make the same construction of the Kings 
grant in this case, that the Judges of common law 
would do in a grant of lands within this King- 
dom. 

Wee further beg leave to remind your Lord- 
ships of the order of May 1695, by which your 
Lordships were pleased to referr the matter of 
law in the case now in question, to Sir Thomas 
Trevor, his Majesties Attorney Generall, by whose 
report ready to be produced by your Lordshipps, 
he w T as pleased to signify his opinion, that the 
Government of Narragansett doth of right belong 
to Connecticutt, and not to Rhoad Island. If it 
be further objected, that the bounds and limits of 
Connecticuts jurisdiction, was settled between Mr. 
Winthrop and Mr. Clark, agents for the severall 
colonys of Connecticutt and Rhoade Island, to 
this wee answer that tho it were granted, that a 
collatterall agreement between two agents could 
not enlarge or diminish the grant of the King. Yett 
Winthrops agency after haveing obtained and sent 
over the Charter, was fully determined. And 
this supposed agreement was after that time, and 
meerly his own act, without any instructions or 
authority given him from the colony of Connecti- 
cutt. So that we humbly hope your Lordships 
will not think this objection worthy of any further 



286 Henry Ashhurst's Memorial. 

answer. And lastly that your Lordshipps will 
take such order as to your discretion shall seem 
meet that a line may be runn, particularly descri- 
bing and setting out their bounds of jurisdiction to 
the country of Narragansett, according to the lim- 
itations of their said Charter. 

All which is most humbly submitted to your 
Lordshipps great wisdom e bv 

HENRY ASHHURST. 



Copy of a Memorial presented to the Lords Com- 
missioners of Trade and Plantations, relative 
to the appeals of Major Palmes and the Hal- 
lam's by Sir Henry Aslihurst, Agent of the Col- 
ony of Connecticut. 

To the Right Honnourable — 

The Lords Com'rs of Trade and Plantations. 

The humble memorial of Sir Henry Ashhurst, 
Barronett, Agent for the colony of Connecticutt in 
New England, relating to severall appeals brought 
by Major Edward Palmes, and John Hallam and 
Nicholas Hallam. 

That the colony of Connecticutt have a full and 
ample power of hearing, determining and bring- 
ing to a finall issue, all causes and controversies 
that shall or may arise within that colony, we 
humbly hope will fully and plainly appear to your 
Lordships upon view of their Charter, which his 
late Majesty King Charles the Second was gra- 
ciously pleased to grant unto the said colony, by 
which his said late Majesty was pleased to appoint 



Henry AshhursVs Memorial. 287 

a Governour and twelve assistants, with such oth- 
er freemen of their body corporate as should by 
them be elected, to be the General Assembly or 
Supreme Court of Judicature within the said col- 
ony. And that the said General Assembly should 
further constitute and erect such other inferiour 
Jurisdictions, or Courts of Judicature, and also 
make and ordain such stattutes, laws and ordinan- 
ces as to them should seem meet, for the better 
ordering and governing the said colony, and ad- 
ministering of equall and impartiall justice to ev- 
ery inhabitant thereof. In obedience to the direc- 
tion and appointment of the said Charter, the 
Generall Assembly did constitute and erect seve- 
ral inferiour courts, and in particular one at New 
London, for the try all of all matters of right be- 
tween party and party, and to the end that no per- 
son should be without remedy, who might think 
himself agrieved by the proceedings in such infe- 
riour court, they did further ordain, that upon com- 
plaint of any person in such a case to the General 
Assembly, the cause should be again heard there 
and finally determined. 

This form and method of justice, as tis the most 
speedy and effectual!, and most for the benefitt (if 
not absolutely necessary to the subsistance) of the 
said colony, so we humbly hope your Lordshipps 
will allow it to be reasonable and lawfull and no 
ways injurious to the prerogative Royal of this 
Realm, tho it seems to exclude any appeal (prop- 
erly so called) to this Kingdom, and that for these 
reasons, which are humbly submitted to your Lord- 
shipps. 

First, the distance of the place seems to make 
it in some measure necessary that all causes be 
finally determined there, for should the comon 
course of justice be by way of appeal to this King- 



288 Henry Ashhursfs Memorial. 

dome, the expence must inevitably be great, what- 
ever the vallue of the cause may be, or the cir- 
cumstances of the party, who prossecutes or de- 
fends it, and the event must be, that the poor will 
be hereby oppressed, be his cause never so just, 
besides the hazarding deeds and evidences, as well 
as the lives of witnesses upon the seas, where 
their evidence viva voce is requisite, is an inconve- 
nience which by the present establishment of jus- 
tice there, will be prevented. Your Lordships in 
your great wisdom, cannot but be sensible that tis 
none of the least of those great and many privi- 
ledges, on which we so justly vallue our English 
Constitution, that we have justice administered at 
our very doors, and this must needs be, as we see 
by the happy effect, that it is a very great encour- 
agement to rich and wealthy traders in all our 
neighbouring countrys to transplant their families 
and treasures into this Kingdom, where the ac- 
quirements of their industry may be effectually 
secured to themselves and their posterity, without 
the inconvenience of being drawn to a remoate 
and forreign jurisdiction to defend their property 
from the unjust claims of a litigious adversary. — 
And if this priviledge be so dear to us in this King- 
dom, tis humbly hoped the colony of Cbnnecticutt 
will have your Lordshipps favour in insisting on it 
for themselves, for the reasons abovementioned, 
especially since there appears no president of any 
appeal of this nature from the said colony from 
the time of their incorporation to this day, and 
considering, 

2. Secondly, that this is agreeable to their said 
gracious Charter, that they should have power ful- 
ly to determine all causes, without the delay, 
trouble and expence of appeals elsewhere, for by 
this they are expressly impowered to make all 



Henry Ashhurst's Memorial. 289 

laws, statutes and ordinances which shall be 
thought necessary for the good government of the 
colony, and if so ample a Legislative power be 
vested in them, sure the executive power to putt 
these laws in execution must follow of course. — 
But to clear all doubts tis expressly named in their 
Charter, with a strict injunction to all the inhabi- 
tants to be subject, and to the said laws, and who- 
soever disobeys those laws by seeking relief else- 
where, when they may by them in a regular course 
have free and impartial justice, must be guilty of a 
great contempt to this his Majesties injunction so 
expressly sett forth in his said Charter. 

3. Thirdly, this priviledge of fully determining 
all causes within the said colony, without any ap- 
peal elsewhere, is not inconsistent with, or repug- 
nant to the laws and statutes of this Realm ; wee 
have many inferiour courts and jurisdictions in 
this Kingdom, whose sentances in things apper- 
taining to their connusance, the sentance of the 
General Quarter Sessions of peace, upon an ap- 
peal from the order of two justices as to the set- 
tlement of poor, is finall and conclusive, and this 
for the quiett, as well as for the convenience of the 
people, that they may have finall justice in their 
respective counties. Nay one single Justice of 
the Peace in severall matters relating to the Kings 
Revenue of Excise, gives a finall and decisive 
judgment, from which there is no appeal, and ma- 
ny other inferiour jurisdictions too tedious to lay 
before your Lordships, have such a power upon 
necessary and weighty reasons, which in the re- 
spective cases are very obvious. 

But here perhaps it may be necessary to obvi- 
ate one objection, which at the first sight may seem 
to have som weight in it, vizt. Objection, if no ap- 
peals be allowed from the General Assembly of 
25 



290 Henry Ashhurst's Memorial. 

the colony of Connecticutt, this will make them 
absolutely independent on the Crown of England, 
Resp. To this we answer, that such a consequence 
is by no means necessary, for the true and proper 
signification of an appeal in this case is a form of 
judiciall proceeding, by which a suit or controver- 
sie is removed in a judiciall way, from one inferi- 
our jurisdiction to a superiour; now altho no such 
appeal were allowed to remove any proceedings 
from the General Assembly of Connecticutt to ju- 
risdiction here in England, yett the prerogative of 
the Crown of England would be no way injured 
hereby, for should there ever happen to be a to- 
tall corruption of the said Generall Assembly, so 
that the inhabitants of the colony could not have 
free and impartiall justice there (which is a thing 
scarce possible to be supposed) and that this 
should be made plainly to appear to his Majestie : 
This would be a direct and positive forfeiture of 
their Charter, and of the Royall franchise thereby 
granted to them ; so that the colony would be 
thereby disfranchised and again seized into the 
Kings hands, this much we humbly submitt to 
your Lordshipps as an answer to the abovemen- 
tioned objection, and as to appeals in generall. 

As to the particular complaints of Major Ed- 
ward Palmes, John Hallam and Nicholas Hallam, 
the first of these complaints had an hearing at the 
court of New London, and if any injustice had 
been there don him, the Generall Assembly were 
ready to have relieved him according to the set- 
tled laws of their colony. But in contempt of 
their jurisdiction, he positively refused to sett forth 
his grievance before them in order to be relieved, 
and since he has contemned the ordinary regular 
course of justice 'tis humbly hoped your Lord- 
ships will not permitt him to proceed in such an 



Henry Ashhurst's Memorial. 291 

extraordinary and extrajudiciall way, especially 
since it directly strikes at the fundamentall privi- 
ledges of the colony. 

As to the other complaints, they have not so 
much as begun or commenced any suit or claim in 
any of the courts of the colony, butt would carry 
the matter still further, to have not only appeals, 
but even originall jurisdiction here in England, for 
which we humbly hope your Lordships will se no 
grounds, but rather by this in your great wisdom 
will perceive how dangerous it is to break into the 
furtherest bounds of the priviledges of any State 
or colony, and perticularly in the case now before 
your Lordshipps, since it may be a means to intro- 
duce further inGonveniencies, and in fine a totall 
subversion of the said colony. 

All which is most humbly submitted to your 
Lordships great wisdom, by 

H. ASHHURST. 

Note.-~» Although no date appears to the foregoing" memo- 
rial, various circumstances evince that it must have been in 
1700. A number of persons, among whom were Edward 
Palmes and the Hallams, had conceived the idea of obtain- 
ing a large tract of land, comprising the whole of the town 
of Colchester, with parts of other towns adjoining. It ap- 
pears from the Colony records, that Uncas, (Sachem of the 
Mohegan Indians) in 1659, had ceded this tract of country 
to Major Mason, who acted in the capacity of Agent of Con- 
necticut ; Mason, after this treaty with Uncas, surrendered 
the ceded territory to the Colony. Some of his decendants 
in connection with Palmes, the Hallams and others, claiming 
the transaction between Mason and the Colony as illegal, 
concluded they should be able to recover the whole of the 
disputed territory ; but upon trial of the case at New Lon- 
don, a decision was given in favor of the Colony ; upon 
which the claimants appealed to England for redress of grie- 
vances, with but Tittle success, as the judgments of the 
Courts in Connecticut, were there confirmed, 



292 Letter from Lords of Council. 



A Letter from the Right Honorable, the Lords of 
the Council of Trade, relating to appeals to the 
King and Council, 

White Hall, May 27thy 1700. 
Gentlemen — 

Wee are not a little surprized, that wee have re- 
ceived no answer from you to our letter of the 
24th Aprill 1699, wherein we sent you his Majes- 
ties order in councill of the 9th of March forego- 
ing, relating not only to the particular cases there- 
in mentioned, but also to the general cases of jus- 
tice in the colony of Connecticot, and to appeals 
from thence to his Majesty in councill, which let- 
ter we are well informed was dejivered to Colo- 
nel Winthrop, Governour of that colony, the 24th 
of July last. 

And whereas this long delay of yours to answer 
our said letter gives us just reason to doubt of your 
haveing rendered that speedy and punctual obedi- 
ence to his Majesties order, w'h we writt you was 
expected from you by his Majesty as you would 
answer the contrary ; and is at least a neglect of 
your duty to inform us of your proceedings in a 
thing which we so expressly recommended to 
you ; we do therefore hereby once more give you 
to understand that we wait with impatience for an 
account of that obedience, which his Majesty has 
required from you in so necessary a matter, that 
we may accordingly lay your answer before his 



Letter from Se&y Vernon, tyc. 293 

Majesty for his further pleasure thereupon. So 

we bid you heartily farewell. 

Your very loving friends, 

STAMFORD, 
LEXINGTON, 
PH. MEADOWS, 
JOHN POLLEXFEN, 
ABR. HILL, 
GEO. STEPNEY, 
JOHN LOCKE. 

For his Majesties especial service. 

For the Honnourable the Governour and Com- 
pany of his Majesties colony of Connecticut, in 
New England, in America. 

Connecticut. 



A Letter from the Rt. Hon. Mr. Secretary Vernon, 
with a certificate from the Mayor of Plymouth, 
concerning John Burley and Thos. Williams, 
who were taken by a Pirate, 6fC 

White Hall, Oct. 13th, 1700. 
Gentlemen : — 

You will see by the enclosed copy of a certifi- 
cate, under the hand of the Mayor, and seal of the 
corporation of Plymouth, that Thomas Burley, 
mate, and John Williams, carpenter of the shipp 
Orange, of Topsham, were taken out of her by a 
Pyrate ship called the Morning Starr, and for 
their usefullness forceably detained by them ; if 
therefore this shipp of Pyrates, or the said two 
25* 



294 Letter from Sec'y Vernon, <$<c. 

persons should happen to be taken, and brought 
into your Government, the Lords Justices are 
pleased to direct, that they be not proceeded 
against as guilty of Pyracy, but sent into England 
with the first oppertunity. 
I am Gentlemen, 

Your most humble servant, 

JA. VERNON. 

To the GOvernour and company of his Majes- 
ties colony of Connecticut, in America. 



To all Christian people to whom these presents 
of true testimonial shall come, I Richard Opie, 
merchant, Mayor of the Bourrough of Plymouth, 
in the county of Devon, send greeting : — Know 
yee, that I the said Mayor doe hereby certifie and 
make known, that on the day of the date hereof r 
came and personally appeared before me, Thomas 
Burley, Senior, of Plymouth, aforesaid, marriner, 
a person very well known to me of good repu- 
tation, credit and honesty, who hath been com- 
ander and taken charge of several considerable 
merchant shipps, belonging to this town of Plym- 
outh, and is the natural and legitimate father of 
Thomas Burley, Junior, of Plymouth, aforesaid, 
marriner, aged twenty three years, or thereabouts, 
and did voluntarily depose before me, the said 
Mayor, on the Holy Evangelist, in manner fol- 
lowing : That is to say, that his sonn Thomas 
Burley, on or about the thirtieth day of May last 
past, before the date hereof, (as he hath been 
credibly informed,) sailed out of the Port of Top- 
sham in the said county of Devon, mate of the 
ship Orange, belonging to Topsham, aforesaid, 
one John Hockaday, comander, of ten gunns, and 



Letter from Seo>y Vernon, tyc. 295 

about sixteen men, bound for Newfoundland, but 
on or about the fifteenth day of July next follow- 
ing, in the lattitude of forty four degrees and 
thirty one minutes, distant from Lundy about three 
hundred and eighty leagues, was unfortunately 
met with by a Pyrate (shipp) called the Morning 
Starr, of twenty four gunns and an hundred men, 
but of what nation or country this deponent 
knoweth not, which shipp, the Orange, being 
boarded by some of those belonging to the said 
Pyrate, the said Thomas Burley, the sonn, was by 
them forceably taken out of the said ship the 
Orange, with one John Williams, carpenter of her, 
and both of them made Prisoners and captives 
aboard the said Pyrate, the Morning Starr, the 
captain or chief commander thereof his name was 
then unknown to the said Thomas Burley, the 
sonn, as he gave the deponant an account of, by 
letter dated at sea the fifteenth day of July, 1700, 
from on board the Morning Starr in the lattitude 
of forty four degrees and thirty one minutes, be- 
wailing his misfortune, being so taken, (and there- 
fore to be pittied) and the said deponent doth fur- 
ther depose, that the said Thomas Burley, Junior, 
is the eldest sonn of the said Thomas Burley, 
Senior, and hath been his mate several voyages 
to the Newfoundland, and the streights, and that 
his said sonn is a lusty slender young man, of a 
fresh rudy complexion, he hath short curled flaxen 
hair, round favoured, and hath dark brisk eyes. 
In testimony whereof, I the Mayor have hereunto 
not only subscribed my name, and caused the 
accustomed seat of office of Mayorality, used 
within the said Burrough to be hereunto affixed, 
but the said deponent hath hereunto likewise 
subscribed his name, the sixth day of September, 



296 Order in Council. 

in the twelfth year of the reigne of our Sovreigne 
Lord, King William the third, over England, &c. 
Annoq Dom. 1700. 

RICHARD OPIE, f ~| 

Mayor. \ seal. j 
Thomas Burley. 4~~~~~# 

Wee who have hereunto subscribed our names, 
do believe all the contents of the above written 
attestation to be true, as to the substance thereof, 
and do reccomend the same to every one, whom 
it doth or may concern, in favour of the said 
Thomas Burley, both senior and junior. 

H. TRELAWNEY, 
HEN. HOOKER, 
JOHN TRELAWNEY, 
JOHN PAIGE, 
THOMAS SWANTON, 
JAMES YOUNfcE, 
T. HOLMES. 



Att the Court at Kensington, ) 

the 5th day of December, 1700. ) 

Present. 

The Kings most Excellent Majesty in Council. 

Upon reading this day at the Board, the petition 
of John Hallatn and Nicholas Hallam, Executors 
of the last will and testament of Olive Liven, 
deceased, complaining of the Governour and 
Company of the colony of Connecticut, in New 
England, for refusing to admitt the petitioners to 



Letter from William III. 297 

appeal from a sentance in a court of assistants, 
held at Hartford in the said colony in May last, 
contrary to an order from this board : it is ordered 
by his Majesty in Council], that it be, as it is 
hereby reffered to the Lords Comissioners of trade 
and plantations, to examine the matter of the said 
petition and complaint, a copy whereof is here- 
unto .annexed, and to report to this board, what 
they conceive fitt his Majesty to do therein. 



A Letter from Ids Majesty William 3d, concern- 
ing the contribution of money for erecting forts 
for the defence of the province of New York, 
also to the quota of men to be furnished for the 
same. 

WlI*LlAM R. 

Trusty and well beloved, wee greet you well : 
Whereas it is requisite that the general security 
of our plantations upon the Continent of America, 
be provided for by a contribution, in proportion 
to the respective abilities of such plantation ; and 
whereas the northern frontiers of our province of 
New York, being the most exposed to our enemy, 
do require an extraordinary charge for the erect- 
ing and maintaining of forts, necessary for the 
defence thereof, towards which we have lately 
been graciously pleased to give the sum of 2500 lb. 
sterling, and have also directed that our said 
province of New York should exert the utmost of 
their power in providing for those and the like 
occasion. But it being yett further needfull that 



298 Letter from William III. 

our other plantations and colonys on the Conti- 
nent, do also contribute to so great a work, 
wherein their own security is so much concerned : 
Wee do hereby signifie you, that the sum which 
we have at present thought fitt to be contributed 
by our colony of Connecticott, in proportion to 
what we do now in like manner direct to be 
supplied by our other plantations towards the 
fortifications on the frontiers of New York, is 
450 lb. sterling, and we do accordingly recom- 
end to you, that the said sum of 450 lb. sterling, 
be furnished by our colony of Connecticut, for the 
use aforesaid, to such person or persons as the 
Earl of Bellomont, or the commander in chief of 
our province of New York for the time being, 
shall appoint to receive the same. And in case 
the frontier of our said province of New York be 
at any time invaded by an enemy ; you are also 
upon the application of the said Earl, or the com- 
ander in chief of the said province, for the time 
being, immediately to furnish a quota of men (or 
money in lieu thereof,) from our colony of Con- 
necticut, according to the repartition herewith 
sent you. And you are further to take notice, 
that according to your behaviour in this occasion, 
you will recommend yourselves to our Royall 
Grace and favour. And so wee bid you farewell. 
Given at our court, Hampton court, the 19th 
day of January, 1700-1, in the twelfth year of our 
reigne. 

By his Majesties command, 

JA. VERNON. 

To our trusty and well beloved, the Governour 
and Company of our Colony of Connecticut, in 
America. Connecticut. 



An Act disannulling Charters, fyc. 299 



The Quota of Men to be furnislwd by his Majes- 
ties respective Plantations on the continent of 
America, towards the defence of the Frontiers 
of New York, in case they be invaded by an ene- 
my. 

Men. 

Massachusets Bay, 350 

New-Hampshire, 40 

Rhode Island and Providence Plantation, 48 
Connecticut, 120 

New York, 200 

East New Jersey, 60 

West New Jersey, 60 

Pensylvania, 80 

Maryland, 160 

Virginia, 240 

1358 



Copy of an Act for re-uniting to the Crown, the 
Government of several of the Colonies and plan- 
tations in America. 

Whereas by vertue of severall charters and let- 
ters pattents under the great seal of England, 
passed and granted by severall of his Majesties 
Royall predecessors, as also by his present Majes- 
tie, and the late Queen Mary of blessed memory ; 
the severall colonies, provinces and plantations of 
the Massachusetts Bay, New Hampshire, Rhoad 



300 An Act disannulling Charters, tyc> 

Island and Providence plantations, Connecticutt in 
New England, East and West New Jersey, Pen- 
silvania and the adjacent territories, Maryland, Car- 
ralino and the Bahama or Lucay Islands, in Amer- 
ica, have been granted unto severall persons, to- 
gether with the absolute government and authori- 
ty over his Majesties subjects, in those places, 
whereby the grantees were not only. made pro- 
prietors of the soyle and lands comprehended 
within the said places, &c. but also Lords and 
Governours thereof, with full power of exercising 
Royall Government and other jurisdictions over 
the inhabitants thereof. And whereas the sever- 
ing of such power and authority from the Crown, 
and placeing the same in the hands of subjects, 
hath by experience been found prejudiciall and re- 
pugnant to the trade of this Kingdome, and to the 
wellfare of his Majesties plantations in America, 
and to his Majesties Revennue, arising from the 
customes, by reason of the many irregularities 
committed by the Governours of those plantations, 
and by those in authority there under them, by in- 
couraging and countenancing Pyrates and unlaw- 
full traders and otherwise. 

Be it therefore enacted by the Kings most Ex- 
cellent Majesty, by and with the consent of the 
Lords spirituall and temporall, and commons in 
Parliament assembled, and by the authoritie of the 
same, That all and singular the clauses, matters 
and things contained in any charters or letters pat- 
tents heretofore passed under the great seal of 
England, by and of his Majesties Royall prede- 
cessors, or by his present Majestie or the late 
Queen, relating to the Government of his Majes- 
ties subjects within the said plantations, colonies 
or places, or any of them, or within any other 
plantation, colony or place in America, whereby 



An act disannulling Charters, fyc, 301 

any power or authority is granted to any person 
or persons from the crown, be, and hereby are 
declared and enacted to be, utterly void and of 
none effect ; and it is hereby further declared and 
enacted, that all such power and authority, privi- 
ledges and jurisdictions shall be, and are hereby 
reunited, annexed and vested in his Majesty, his 
heirs and successors, in right of the crown of 
England, to all intents and purposes as tho no 
such Charter or Letters Pattents had been had or 
made. Provided always that nothing herein con- 
tained, shall be construed to extend any ways to 
alter, take away diminish or abridge the right or 
title which any person or persons, bodys politick 
or corporate have, or lawfully may have or claime 
to any lands, tenements or hereditaments, or any 
other matter or thing (authority or Government 
only excepted,) by vertue of the said, or any other 
Charter or Letters Pattents, or by vertue of any 
right or title derived from or under such Charters 
or Letters Pattents, by any mean, assignment or 
conveyances or otherwise howsoever. Provided 
also, that nothing in this act contained, shall be 
construed to impower his Majesty, his heirs or 
successors, to govern the said plantations, colo- 
nys or places or any of them, or the inhabitants 
thereof, otherwise then according to the laws in 
force in the said plantations and places respect- 
ively, not repugnant to the laws of England, and 
such other laws and constitutions as shall from 
rime to time be made by the Generall Assembly 
of the said respective plantations according to the 
severall and respective priviledges at any time 
heretofore granted to the said severall plantations 
and colonies respectively, by any Charter or 
Charters, or Letters Pattents, under the great 
26 



302 An act disannulling Charters, fyc. 

seal of England, and according to the usages in 
his Majesties other plantations in America. 
1701. 



Note. — The colony was at this time in the most critical sit- 
uation. It was not only in danger, and put to great expense in 
consequence of the war, to defend itself, but to still greater, 
to defend the neighboring colonies of Massachusetts and New 
York. It was continually harrassed by the demands of Joseph 
Dudley, Esqr. Governor of Massachusetts, and also by the 
Governor of New York and the Jerseys, for men and money, 
as they pretended, for the defence ot their respective Govern- 
ments. Governor Dudley, Lord Cornbury and their instru- 
ments combined together to despoil the colony of its Charter. 
It ppears from the letters and acts on file, that Dudley wish- 
ed to unite all New England under his own government. He 
had been connected with Sir Edmund Andross in the Govern- 
ment of New England, and was an enemy to all the Chartered 
rights of the colonies. "While he was soliciting the Govern- 
ment of Massachusetts, he had a view to the Government of 
all New England. When he found in 1699, that Sir Henr}^ 
Ashhurst was appointed agent of Connecticut, he opposed his 
undertaking the agency with all his influfence. He united all 
his influence with the Court party, and the enemies of the col- 
ony to vacate its Charter. He so far succeeded, that in the 
latter part of the reign of King William, the above bill or act, 
was prepared for reuniting all the Charter Governments to the 
Crown. Early in the reign of Queen Anne it was brought 
into Parliament. Sir Henry Ashhurst viewing the act as 
unjust, and subversive of the civil and religious rights of the 
colony exerted all his influence against it. Sir Henry had 
honorable connections whose influence at court was consider- 
able. They raised all the opposition to the passing of the bill, 
in their power. It was pleaded that the colony had ever been 
loyal and obedient, and if any irregularities, or inadvertencies 
should finally be found in the Government, it would on the first 
notice, undoubtedly be reformed. At the same time, the taking 
away of so many Charters, was at once calculated to destroy 
all confidence in the Crown, in royal patents and promises; to 
discourage all further enterprise in settling the eountry ; these 
and various other considerations operated so powerfully against 
the bill, that it could not be carried through the houses. — 
Trum. Hist, of Con. 



Henry AshhursVs Petition. 303 



Copy of the Petition of Sir Henry AsJihurst, 
against the passing of the act for reuniting to 
the Crown, the colonies and plantations in 
America. 

To the Right Honnourable — 

The Lords Spiritual and Temporalis 

The petition of Sir Henry Ashhurst, Barronet, 
Agent for the colony of Connecticut in New 
England : Humbly sheweth, — That there is a bill 
depending before your Lordships, intituled an act 
for reuniting to the Crown, the Government of 
several colonies and plantations in America, 
which will make null and void the Charter grant- 
ed to the inhabitants of the said colony by King 
Charles ye second, dated the 23d of Aprill, 1662. 
That by the said Charter, the Government of the 
said colony is granted to the said inhabitants, and 
it is so interwoven with their properties that it 
cannot be taken away without exposeing them to 
confusion, if not utter ruine ; that the said colony 
lies at a distance from the sea, and the inhabitants 
never accused of any male administration, pyrat- 
icall or unlawfull trade, and that their case is dif- 
ferent from his Majesties other plantations. 

Therefore your petitioner humbly prayes, that 
he may be heard by his councill at the barr of this 
honnourable house, in the behalf of the said inhab- 
itants, against the passing of the said bill, and your 
petitioner shall ever pray, &c. 



304 Order from the King, <^c. 



Copy of an order of the Lords Spiritual and Tem- 
poral, that Sir Henry Ashhurst may be heard 
agadnst the passing of an act for reuniting to 
the Crown, several Colonies and Plantations in 
America, 

Die Sabbati, May 3d, 170 1. 

Upon reading the petition of Sir Henry Ash- 
hurst, Barronet, Agent for the colony of Connec- 
ticut^ praying that he may be heard by his councill 
against the bill intituled, an act for reuniting to the 
Crown, the government of several colonies and 
plantations in America ; it is ordered by the Lords 
Spiritual and Temporall, in Parliament assembled, 
that the Petitioner shall be heard as desired 
against the bill, on Thursday next, at eleven 
o'clock. 

MATHEW JOHNSON, 

Cler. of Parliament. 



An order from the King, submitting the case of 
John and Nicholas Hallam to his Majesty in 
Councill, tyc. 

At the Court at Kingston, ) 
the 12th of June, 170M 

Present, 

The Kings Most Excellent Majesty. 

Lord Arch B'p of Canterbury, Lord Keeper, 
Lord President, Lord Chamberlain, Earle of 
Berkely, Earle of Rochester, Mr. Vice Cham* 



Letter from Lords of Privy Council. 305 

berlain, Mr. Secretary Hedges, Lord Chief 
Justice Holt, Sir Henry Goodricke. 

Upon reading this day at the board, a repre- 
sentation from the Lords Commissioners for trade 
and plantations, in obedience to an order the 5th 
of December last, upon the petition of John and 
Nicholas Hallam, complaining that the Govcrnour 
and Company of Connecticut had refused to 
ad mitt them to appeal to his Majesty in Council], 
from a sentance past in the court of assistants of 
that colony, in the month of May 1700, relating 
to the last will and testament of John Liven of the 
said colony, deceased. His Majesty in Councill 
is pleased to approve of the said representation, 
and accordingly to order, as it is hereby ordered, 
that the appeal of John and Nicholas Hallam in 
the present case be admitted ; the petitioners first 
giving security to prossecute the said appeal in 
order to be heared before this board, the first 
Councill day in February next, and to abide by 
his Majestys determination in councill therein. 
And his majesty is further pleased to order, that 
authentick copies of all proceedings in the peti- 
tioners case be transmitted to this board, under 
the seal of the colony of Connecticut, for his 
Majesties better information herein, whereof the 
said Governour and Company, and all others 
whome it may concern, are to take notice, and 
govern themselves accordingly. 



A Letter from the Rt. Hon. the Lords of her Ma- 
jesties Privy Council. 

After our very hearty commendations ; it have- 
ing pleased Almighty God, to take to his mercy, 
26* 



306 Letter from Lords of Privy Council, 

out of this troublesome life, our late Sovereign 
Lord, King William the third, of most blessed 
memory, and thereupon her Royall Majesty, 
Queen Ann being proclaimed, we have thought 
fitt to signifie the same unto you, with directions, 
that with the assistance of the Councill and other 
principall officers and inhabitants of Connecticutt, 
you proclaime her most sacred Majestie according 
to the form here inclosed with the solemnities and 
ceremonies requisite on the like occasions ; and 
we do further transmit unto you, her Majesties 
most gracious Proclamation, signifieing her Majes- 
ties pleasure, that all men being in office of Gov- 
ernment at the decease of the late King, shall so 
continue as duering his late Majestys life, untill 
her Majesties pleasure be further known ; which 
we do in like manner will and require you forth- 
with to cause to be proclaimed in the chief place 
or places within your Government. And so not 
doubting of your ready complyance herein ; we 
bid you heartily farewell. 

From the Councill Chamber at St. James's, this 
11th day of March, 1701-2. 

Your very loveing friends. 
THO. CANTUAR, BOLTON, 
N. WRIGHT, BURLINGTON, 

DEVONSHIRE, SCARBOROUGH, 

CARLISLE, STAMFORD, 

MANCHESTER, R. FERRERS, 
SOMERSET, JOHN POVEY. 

To our loveing friends, the Governour and Ma- 
gistrates of her Majesties colony of Connecticutt, 
in America, for the time being. 



Letter Jrom Council of Trade, <£c. 307 



A Letter from the Rt. Hon. the Lords of tJte 
Council of Trade, with the information of the 
death of King William the 3d, fyc. 

White Hall, March the 19th, 1701-2. 
Gentlemen : — 

Upon the sad occasion of the death of his late 
Majesty, King William of blessed memory, and 
the happy accession of the high and mighty 
Princess Anne, to the Throne of her royall ances- 
tors ; we send here inclosed the order of her 
Majesties most honnourable Privy Councill, that 
you may take care that her Majestie Queen Anne, 
be accordingly proclaimed Queen of England, 
Scotland, France and Ireland, and of all the do- 
minions thereunto belonging, in the most sollemn 
manner, and most proper parts of her Majesties 
colony of Connecticutt. And you are upon this 
occasion to assure all her Majesties subjects in 
the said colony, of her Majesties speciall care and 
protection, and to exhort them to do on their 
parts what is necessary for their security and de- 
fence in the present conjuncture, and you are to 
return a speedy account of your proceedings 
herein. So we bid you farewell. 
Your loving friends, 

STAMFORD, JOHN POLLEXFEN, 

LEXINGTON, MAT. PRIOR. 

PH. MEADOWS, 

For her Majesties especial service. 

To the Honn'ble the Governour and Company 
of her Majesties Colony of Connecticutt, in New 
England, in America, or for the Governour and 
Company of the said colony for the time being. 



308 Letter from Council of Trade, fyc. 



A Letter from the Rt. Hon. the Lords Comission- 
ers of the Council of Trade, with the copy of 
the Petition of Benjamin Way, relative to five 
men taken by Pirates. 

White Hall, April the 4th, 1702. 

Gentlemen : — 

We send you here inclosed a copy of a petition, 
with an affidavit made upon it, relating to five 
seamen, taken by a Pyrate, out of the John Galley, 
and (as is believed) forcibly detained ; that in case 
any of them shall happen to arrive in her Majes- 
ties colony of Connecticut, under your Govern- 
ment, you may have such regard to this testimony 
of their innocence, as after other due examination, 
shall appear reasonable. So we bid you heartily 
farewell. 

Your very loving friends, 

STAMFORD, 
PH. MEADOWS. 
JOHN POLLEXFEN, 
MAT. PRIOR, 
ABR. HILL. 

For her Majesties especial service. 

To the Honnourable the Governour and Com- 
pany of her Majesties colony of Connecticut, in 
New England, in America, or for the Governour 
and Company of the said colony for the time 
being. Connecticut. 



Petition of Benjamin Way. 309 

lo the Right Honnourable the Lords Commission- 
ers/or Trade and Plantations, the humble Pe- 
tition of Benjamin Way, of London, merchant, 
sheweth : — 

That whereas the ship John Gaily, Thomas 
Warren, master, on a voyage to Madagasker and 
other places in India, was in the lattitude of 36 
degrees south, on the 9th of Aprill, 1701, surpriz- 
ed and taken by the shipp John, late of London, 
200 tunns, 20 gunns, about sixty men, one Juet, a 
Frenchman, commander, and plundered of cargo, 
stores and provissions, and after being detained 
four days, was on the 1 3th suffered to depart, but 
Henry Berckley, Surgeon, Jos. Bartholomew, 
carpenter, Thomas Jones, Henry Cosser and 
William Crawford, saylors, were forcibly stopt 
and kept on board the Pyrate. Wherefore I, 
your Petitioner, pray your Honnors that some 
notice may be given to the several Governours of 
her Majesties plantations and colonys abroad, 
that if said ship be taken, or come in, those five 
innocent men may not be treated as criminals* 
And your petitioner shall ever pray, &c. 

London, 2d April, 1702. 

COPIA. 

Thomas Warren, master of the above shipp, 
John Gaily, appeared before me and made oath, 
the five named in the above petition, were as he 
verily believes forceably stopt by the pyrates as 
above declared. 

THOMAS WARREN. 
London, 8th April, 1702. 

Thomas Abney, Mayor* 






310 Letter from Earl of Nottingham . 



Letter from the Rt. Hon. the Earl of Nottingham, 
one of her Majesties principal Secretaries of 
State, giving notice of her Majesties Declaration 
of war against France and Spain. 

White Hall, May 7th, 1702. 

Sir — The Queen haveing been pleased to con- 
stitute me one of her principal Secretarys of State, 
it is necessary that I should inform you of it, that 
for the future you may direct to me, such letters 
as relate to her Majesties service, and I desire 
you from time to time, to acquaint me with such 
things as occur in your parts. 

And I am commanded to acquaint you, that her 
Majesty has declared warr against France and 
Spain, as you will see by the enclosed declaration, 
and to signifie her Majesties pleasure to you, that 
you cause it to be proclaimed in the places under 
your Government, that her subjects haveing this 
notice, may take care to prevent any mischief, 
which otherwise they might suffer from the ene- 
my, and do their duty in their severall relations 
to" annoy the subjects of France and Spain. I 
must also acquaint you that the Emperour and 
the States General!, have also declared warr 
against France and Spain. 

I am your most humble Servant, 

NOTTINGHAM. 

To the Governour and company of her Majes- 
ties colony of Connecticut, in America. 
Connecticutt. 



Letter from Council of Trade, <$-c. 311 



Letter from the Rt. Hon. the Lords of the Council 
of Tirade, directing the Governour and Company 
to prepare for their security, and to render as- 
sistance to New York, tyc. 

White Hall, Sept. the 15th, 1702. 

Gentlemen : — 

Her Majesty has been pleased, by order in 
council of the 24th of August last, upon our rep- 
resentation relating to the defence and security 
of all the plantations in America, expressly to 
direct us to require you to take care that due pre- 
parations be made in her Majesties colony of 
Connecticutt, for the defence and security of the 
same against any attempt that may be made upon 
it by the enemy duering this time of warr. And 
likewise that in case of an invasion or appearance 
of iminent danger, on the side of New York, you 
do forthwith send assistance to that province, in 
men or money according to former directions 
given you on that behalf, this being her majesties 
express command, and your own interest in the 
safety of that colony, being also so much con- 
cerned in the observance thereof, your punctual 
complyance with her Majesties pleasure in these 
particulars is accordingly expected, so we bid you 
heartily farewell. Your loveing friends, 
ROB. CECILL, JOHN POLLEXFEN, 
PH. MEADOWS, MAT. PRIOR. 

For her Majesties especial service. 

For the Hon. the Gove'r and Company of her 
Majesties colony of Connecticut, in New England, 
in America, or for the Gov'r and company of the 
said colony for the time being. Connecticut. 



3 1 2 Court of Election. 

At a Court of Election holden at ) 
Hartford, May 11, 1704. \ 

It is ordered by this Court, that the frontier 
townes hereafter named, are to be so accounted, 
that is to say, Symsbury, Waterbury, Woodbury, 
Danbury, Colchester, Windham, Mansfield, and 
Plainfield. And shall not be broken up or volun- 
tarily deserted without application first made by 
the inhabitants, and allowance had and obtained 
from this Court, nor shall any inhabitants of the 
frontiers mentioned, having an estate of freehold 
in lands and tenements within the same, at the 
time of any insurrection or breaking forth of warr, 
remove from thence with intent to sojourn else- 
where, without libertie as aforesaid, on pain of 
forfeiting all his estate in lands and tenements 
lying within such townships, to be recovered by 
information of, and proof made by the select men 
of such towne. 

And it is further enacted, that no male person 
of sixteen years old and upwards, that shall be an 
inhabitant of or belonging to any of the townes 
aforementioned, at the time of such warre or in- 
surrection, shall presume to leave such place on 
penalty of ten pounds, to be recovered as afore- 
said, all which penalties to be improved towards 
the defence of such place or places whereof such 
person or persons were inhabitants. 

It is ordered by this Court, that ten men shall 
be put in garrison in each of those townes hereaf- 
ter mentioned, that is to say, Danbury, Woodbury, 
and Symsbury. 




Letter from Queen Anne. 313 



Additional instructions to our trusty and ivell be- 
loved the Governor and company of our Colony 
of Connecticutt in New England in America, 
or to the Governor and Company of our said 
Colony for the time being. Given at our Cas- 
tle at Windsor, the Yithday of July, 1704, in the 
third year of our reign. 



Amne R. 



Whereas by the third article of our instructions 
to you according to several laws relating to the 
trade and navigation of this our kingdom of Eng- 
land, and our colonies and plantations in America, 
you are required to take care and give directions 
that no goods or commodities whatsoever be im- 
ported into, or exported out of our said colony of 
Connecticut, in any ships or vessels, but in such 
whereof the master and three-fourths of the mar- 
iners at least are English, and whereas by a clause 
in an act past the last session of Parliament, en- 
tituled an act for raising recruits for che land forces 
and marines, and dispensing with part of the act 
for their incouragement and increase of shipping 
and navigation during the present war, (a copy 
whereof you shall herewith receive.) It is enac- 
ted that during the present war and no longer, 
the number and proportion of mariners to sail in 
such ships or vessels, which by laws now in force 
are limited to the master and three-fourths of the 
mariners to be English, shall be enlarged to the 
master and one moiety of the mariners at least to 
be English, it is our will and pleasure, that you 
take care and give directions, that the said act be 

27 



314 An Act raising Recruits, fyc. 

observed in our said colony of Connecticut, dur- 
ing this present war accordingly. A. R. 



Copy of a clause of an act past in the third year 
of her Majesties reign, entituled an act for rais- 
ing recruits for the land forces and marines, and 
for dispencing with part of the act forincourage- 
ment and increase of shipping and navigation 
during the present war. 

And whereas by the laws now in force, the 
navigating of ships or vessels in divers cases, is 
required to the master and three-fourth parts of 
the mariners at least being English, under divers 
penalties and forfeitures therein contained : and 
whereas great numbers of seamen are imployed 
in her Majesties service, for the manning of the 
Royal Navy, so that it is become necessary dur- 
ing the present war, to dispence with the said 
laws, and to allow a greater number of foreign 
mariners for the carrying on of trade and com- 
merce. Be it therefore enacted by the authority 
aforesaid, that during the present war, and no 
longer, the number and proportion of mariners to 
sail in such ships or vessels which by any law 
now in force are limited to the master and three- 
fourths of the mariners to be English, shall be en- 
larged to the master and one moiety of the mar- 
iners at least to the English ; and that it shall and 
may be lawful to, and for the owner or owners of 
any such ship or vessel to navigate the same with 
such mariners whereof the master and one moiety 
of the mariners at least shall be English, without 



Letter from Board of Trade, 315 

incurring any penalty or forfeiture for so doing, 
and without subjecting the goods or merchandize 
laden on such ships or vessells to any other cus- 
tomes, duties or payments than should have been 
paid for the same, in case the same ships or ves- 
sells had been navigated by a master and three 
fourths of the mariners being English, any former 
law or statute to the contrary thereof in any wise 
notwithstanding. 



Letter from the Lords of the Board of Trade. 

Gentlemen : — 

It having pleased Almighty God to give her 
Majesty a compleat and glorious victory over her 
enemies near the Danube, under the conduct of 
his grace the Duke of Marlborough;* and her 
Majesty having thought fit, in acknowledgement 
of so great a blessing, to appoint a day of thanks- 
giving here in England, which, as it cannot be so 
soon complyed with by you, we herewith inclose 
to you the said proclamation with directions that 
on receipt thereof you appoint a proper and spee- 
dy day to be kept by all her Majesties good sub- 
jects within her Majesties colony of Connecticut 

* Battle of Bleinhem, fought on the 2d of August 1704. 
The French and Bavarians, under Marshal Tallard, were 
totally defeated, with the loss of 20,000 men, killed, wounded 
or drowned in the Danube. The French Marshal, with 
13,000 men were made prisoners. A large proportion of the 
artillery and baggage of the French army, also fell into the 
hands of the English. 



SI 6 Letter from Henry Ashh urst. 

in like manner as is prescribed by the said 
proclamation. And so we bid you heartily fare- 
well. 

From our office at White Hall August the 25tb, 
1704. 

Your very lovein^ friends, 

PH. MEADOWS, 
WM. BLATHWAYT, 
MAT. PRIOR. 

GovV and Company of Connecticut. 



Letter from Sir Henry Ashhurst, to Governor 
Winthrop. 

Kensington, 9 September, 1704. 

Hon'ble and worthy Sir — 

My last to you was by Mr. Mulford, who was 
in such haste yt he could not stay an hour for that 
letter, but since I hear he is at Plymouth, I take 
ye opportunity to write to you more at large, tho 
both my letters may come to you pr the same 
hand. Your Government being a Charter Gov'- 
ment, and vipers among you that would destroy 
their own native country, know those Govern- 
ments are not favoured at court, and when peti- 
tions and answers, references in appeals, bring 
great grists to their mill, noe wonder if they are 
incouraged heere ; you may see by the following 
account the malice and spite of Hallam against 
you and yt worthy Gentleman Mr. Saltonstail, 
to whom with much respect remember me. As to 



Ajetter from Henry Ashhurst. SIT 

the acct. yt you desire, I cannot serve you to 
give you particulars, for reasons you may guess ; 
if you were neere mee you should have them ; 
but this I will say, that ye solicitors bill, the 
councill to both the hearing of Hallam's and the 
reference came to about £60. I received no 
petty charges nor any one attendance ; their bu- 
siness has cost Hallam and some body else above 
£250 already, in this suite about the will, and if it 
had not ben justly opposed by some Lords my 
friends, Hallam did not expect, who did beleeve 
what I said of the justnes of the cause, he would 
have obtained a second hearing aboute the will, 
se by the inclosed papers, which is a copy of his 
petition for a second hearing. I have also inclos- 
ed the opinions of two of the best councelle we 
have, fit to be judges of all these questions ; you 
desired to be informed in reference to Hallams, 
which is included in the compound charge men- 
tioned above, but this of Hallams hath cost me 
about £10 since my last. I have also inclosed a 
copy of his petition to the Queen's Councill about 
his ship, and refuseing to give him letters of ad- 
ministration for his sister, and with these invidious 
words, that you positively denyed appeales to 
England, which you will read in this petition in- 
closed ; they granted him an appeal, he bringing 
two affidavids yt you positively denyed any ap- 
peales to England, and they appointed a hearing 
next October, and had some materialls, but is 
now agreed to be put off untill October next come 
twelve month, and against then you must send 
me full instructions, and if it be necessary a person 
or two for evidence ; if the Lord spare my life I 
hope this shall be the last trouble you shall have ; 
the order of counsel saith he shall give security 
heer or else with you to abide the judgment, to 
27* 



318 Letter from Henry Askhurst. 

pay all the charges ; he hath given none here, 
therefore if he doth not give sufficient security 
with you, you must make oath of his refusall and 
send over such affidavitts. I am sorry matters 
transacted at court are so chargeable ; there is 
noe geting reference of a petition without paying 
£3 2s 6d, as to his comition under the great 
seal w'ch hath cost £100 to the Queene, passing 
the offices : the complaint of ye Indians, if you 
make that appear to be a knavery I believe they 
will not have his other appeale : I do not doubt 
but all these tricks will turn at last to the country s 
advantage. As to the account of the charge of 
the colony for defending their cause in the house 
of Lords, and other business respecting their 
boundaryes and severall other things, that charge 
is 100 pound at least : the agent for Hallam, is 
agent for Rhoade Island, he has £40 pr year, be- 
sides all his ffees and his bills, and Mr. Phyps hath 
had two hundred pound this year paid him pr Mr. 
Partridge for Massecusets. I have one or two 
very materiell things to write to you ; one is about 
your militia ; it is the opinion of the best counsel 
yt you have pr your Charter, power of your owne 
malitia, w'ch Charter I hope you will long enjoy, 
therefore if to the exposeing of your owne country 
you are called by any of the Queene s Governors 
to send out your own men, in a civil maner, rep- 
resent it to that Govern't and tell them you have 
power by yo'r Charter, of yo'r owne malitia, and 
that we serve so gratious a Queene, that would 
have nothing done to the prejudice of any of her 
people, but if you can spare them from your own 
safety, and if any other colony wants them let 
them have them if they will pay them. Against 
winter you must expect that I shall attend the 
Parliament, against an act of Parliament yt will 



Letter from Henry Ashhur st. 319 

be attempted by your enemies not only to take 
away your Charter, but also to get a corporation 
settled by act of Parlm't heere under pretence of 
bringing in navall stores to destroy all your trade, 
both in New England, and in yo'r colony w'ch 
will at last I fear ruine that interest of religion 
w'ch cost your heroick ancestors soe deare, these 
are things that require your speedy consultation 
and I wish you effectually to arme me every way 
to defend you against soe many attacks ; for if 
you doe not, your children will feel the miserys 
of so fatall a neglect ; those that are at this junc- 
ture against this expence, serve the interest of the 
enemies of your Charter. 

I am, with much respect, 

Your most faithfull servant, 

HENRY ASHHURST. 

I doe think the whole country quacks were con- 
cerned in the business of Hallam's ; and I beleave 
there was some part of the 100 pound for the 
countryes service might have some reference to 
Hallam, but it was but a small part. 

Account. 

To 4 years sallery for my agency lb. s. d. 

and attendance in your service, 

at £100 pr annum, 400 00 00 

To mony expended in the service 

of the colony, 100 00 00 

To money expended in Hallam's 

business, defending the two 

suits laid out, 60 00 00 

To the exchange of £100, paid 

in New England. 35 00 00 

£595 00 00 



320 better from Henry Ashhurst. 

Rece'd pr Generall Winthrops or- 
der pr two bills of exchange, £200 00 00 

Recde, per Mr. Peter Serjaunt, 

Boston, 100 000 00 

Recde of Mr. Mason pr a bill 

drawn upon you, 40 00 00 

Recede pr a bill drawne payable 

to Mr. Sewall, 100 00 00 



£440 00 00 



Rest due to me, this 15th Sept. 1704, 155 00 00 

Because you complane of yo'r expence in this 
warr, I am willing to take £100 to cleare this oc- 
count to this day. You must excuse the bad wri- 
ting, the difficulty of geting papers must excuse 
my blunders. I shall send a man to Plymouth to 
forward this. 

To Major Generall John Winthrop Esqr, Gov- 
ernor of Connecticutt. 



Letter from Sir Henry Ashhurst to the Governor 
and Council fyc. of Connecticut. 

Kensington, ffeb. 15th, 1704-5 

Honourable Sr. 

And you the Govu J r, of ye Councill and 
General Assembly of Connecticott. 

My last to you was of the 9th of September, 
with several papers and accounts sent you by 



Letter from Henry Ashhurst. 321 

Major Yaughan and Mr. Mulford, which I hope 
is arrived safe — an imperfect coppy I here inclose, 
about three weeks after they were set sail, Mr. 
Dudley, ye old ftriend* of New England, and my 
Lord Cornbury sent such letters and complaints, 
and Mr. D. sent an opinion of the Attorney Gen- 
erall in King William's time, yt you will see pr 
ye inclosed, yt the Queen might send a Gov'r 
of yo'r colony ; the Lords of the trade immedi- 
ately transmitted this information of D's and my 
Lord Cornbury to ye Queen and council!, they 
transmitted ye opinion to ye Attorney and Soli- 
citor Generall, one of them being my near kins- 
man, and the other a very honest man ; they 
made a report yt, if ye case was so as D. repre- 
sented it yt, there was a defect in Gove'mt, that 
you were not able to defend ye colony, and yt it 
was in eminent danger of being possessed pr ye 
Queens enemies, in such a case she might send a 
Gov'r for civill and military Gover'mt, yet not to 
alter yo'r laws and customes — after this the Queen 
sent for me into Oxfordshire, (I owning myself 
yo'r publick serv't) to the reasons (If I have any) 
why the Queen might not appoint a Gov'r over 
yo'r colony, which I thot was taking from you all 
yt was dear to you — I immediately left all my 
concerns and came to town, tho I had a great part 
of my estate to lett yet, and is like to be upon my 
hands, yet haveing put my hand to ye plow, I 
would not look back again. If I had not en#a- 
ged to serve you, for five times what you have 
given me, I would not have taken so much pains, 
as was absolutely necessary for me to do at this 
juncture. It being agreed yt the Lord Cornbury 
should have yo'r colony, and Dudley Rhoad Is- 

*An ironical expression. 



322 Letter from Henry Ashhurst. 

land, as I was credibly informed. I have served 
Rhoad Island, who are much more obnoxious 
than you for the present. No wonder that D. uses 
all ye interest he has, yt I might not be yo'r agent, 
since he has such designs in his head to take your 
charter away. My Lord Pagett is my wives own 
brother, who is going to ye Emperor Embassador 
Extraordinary to make peace betwixt him and ye 
Hungarian Protestants : a noble designe if effect- 
ed, he has great interest at court, and he assisted 
me when I came to town, I had but six days al- 
lowed me to shew cause why a Gov'r should not 
be appointed. I presented a petition to ye Queen 
and then got thirty days time, and then having my 
councill and all things ready, the hearing being 
put off to ye 12th instant, was a double charge, 
then I got two of the best councill in England, 
both Parliament men, one of £1000 pr annum, 
and the other a very great man. They both for 
an hour and half defended yo'r cause ag't the At- 
torney and Solicitor Generall before the Queen 
and Councill. I stood buffeting all the clamours 
of D. by my councill and of all yt was charged 
ag't you per D. my Lord Coi nbury and Mr. Con- 
greve, and after the consideracion of the councill, 
they came to this resolution, yt the Lords Com'rs 
of Trade, out of all ye accusations offered (where- 
by they endeavoured to shew yt you had forfeited 
yo'r charter) should draw ye most materiall crimes, 
and yt a copy of them should be sent to Coll. D. 
and to my Lord Cornbury, and to ye Gov'r of 
Connecticott, and the Gov'r of Rhoad Island, yt 
they should in a publick manner examine ye per- 
ticulars, and send affidavids of ye truth of the 
ffacts, and ye best answers yt you can make to 
them ; and to be sent hither if possible August 
next. But w't your crimes are, they will accuse 



Letter from Henry Ashhurst. 323 

you of, I shall not yet hear these 14 days; but 
that you may be prepared I send you this notice 
pr ship, yt I am told is just going away. There 
bone Mr. Buckly, all by D's contrivance has sent a 
large ffolio book, which he calls pr ye name of 
Will and Doom, or a History of the miseries of 
Connecticott, under the arbitrary power of the 
present Gover'mt, wherein he mightily commends 
Sr Edmund Andros's Gov'mt, and says all ye ma- 
litious things he possibly can invent with great 
cunning and art. I have inclosed you ye memo- 
riells drawn up to instruct my councill ; and what 
the additionall instructions are you have allso, 
which I drew myself. I desire you w r ould consid- 
er, to make such answers as may once for all de- 
liver you from the like danger; remember ye Ca- 
nanite is in ye land, as for yo'r laws differing from 
ye laws of England, dont be discouraged at yt 
but be sure yt they dont find you breaking the acts 
of Parliam't concerning navigation, for yt binds 
..all ye Queens subjects every where. Therefore 
you must be very strict in observing them, and be 
sure yt they dont find you protecting of criminalls 
or any yt defraud ye Queen, or saying or doing 
any thing disrespectfull to her or ye Gove'mt. — 
They lay strange things to yo'r charge, the heads 
whereof I have here inclosed. 

I am affrayed yo'r letters are intercepted, I 
have had none from you since ye 5th of June last, 
pray send me perticulars upon oath under yo'r 
seal, of all ye charge yt you have been att every 
year in defending yo'r own countrey, or assisting 
others since the war began. The present charge 
of this, has cost me £40. I hope you have paid 
the £140 to Sewall. I shall draw this year £200 
upon you, besides ye exchange payable to him for 
ye corporation, which will pay ye £100 in arrears 



324 Letter from Henry Ashhurst. 

and ye £100 for this year, and because you say the 
war has exhausted you. If I am at no more 
charge than this £40, I will draw no more upon 
you this year. 

And so you have all my pains and trouble this 
year for £60. I think you ought to send a special! 
messenger of some credit withall yo'r dispatches, 
since letters are so intercepted. If 1 had not 
made some great interest, I know how things 
would have gone. 1 hope a Nephew of mine 
will be Lord Keeper. I shall say no more now, 
but yt I am gentlemen, 

Your friend and humble Servant, 

HEN. ASHHURST. 

Nole. — The immense mass of testimony and other docu- 
ments in relation to the affairs above alluded to, would extend - 
this work to an unusual length : Gov. Dudley and Lord 
Cornbury had spared no pains to carry their points against 
the Colony ; but through the skill, perseverance and faith- 
fulness of Sir Henry Ashhurst, all their plans were defeated. 
They were unable to sustain the charges which they had ex- 
hibited against the Colony : the affair was kept in agitation 
for nearly seventy years. It was always upon a legal hear- 
ing determined in favor of the Colony. The final decision 
did not take place until the former part of the Reign of 
Geonre the third. 



Letter from Sir Henry Ashhurst to Governor Win- 
throp. 

Kensington, 2d Feb. 1705. 
Much Honnoured and dear Sr — 

I have only a quarter of an hours notice of a 
particular hand, to acquaint you that I have seve- 



Letter from Henry AshhursL 325 

rail letters from you and from the Goverment, 
from August to November ; and to tell you that I 
have been almost every day from morning till night 
soliciting your affairs. The naturall aversness I have 
to oppression, as well as believing it to be the cause 
of God, makes me willing to leave my pleasant 
habitation in Oxfordshire, to endeavour to protect 
you against the malice and crafty designs of your 
great oppressor. I can give you no particular ac- 
count of the success of any of your affairs under 
my management. About a fortnight hence, Palmes 
his 2 appeals, will be heared, and Palmes himself 
is come here to be a witness to his just proceed- 
ings about the Indian lands ; as also to justifie the 
complaints of Dudley against the Government, 
and I very much wonder, that when your all was 
at stake, that you would not send one person fully 
furnisht with evidences under your seal, to con- 
front the accusation that Dudley brings in against 
you ; there is but one of your boxes of writings 
that is come safe ; the ship that you sent the oth- 
er in, is thought to be taken by the French : and 
there is one writing under your seal, that you men- 
tioned in severall of your letters, (to wk) evi- 
dence that Palmes refused to give security suffi- 
cient to answer the judgment here, either Hallam 
opened the box I have, and took that writing out, 
or else it was in that box that was sent by the ship 
thought to be taken by the French. I shall do all 
that 1 can for your service, with as much zeal and 
industry as if it was to save my wife and my fam- 
ily. In a months time I shall be heared I suppose 
before the Queen and Councell, by my Council!. 
As to your 3 great causes, the matter of the Indi- 
ans, the particulars of the complaints of Coll. 
Dudley, and the 2 appeals of Palmes's ; and then 
you will know your doom. I have ordered the 
28 



326 Letter from Henry Ashhurst. 

writing out of 80 folio pages of Dudleys, w'ch he 
sent over to the Queen, in which he makes a very- 
fair show of justice, but reflects upon Mr. Gurdin 
Saltonall* upon his willingness to submitt himself 
to his sensure. I wish you could have brought 
some evidences that these commissioners with 
Dudley were interested in a part of the lands in 
controversie, which would have done all for them 
att once. However, I will make the best use I 
can of the papers and evidences you sent me to 
the best advantage. I am very much concerned 
to hear that you do so ill return to me for all my 
services as to suffer my first bill of £140 payable 
to Say well to be unpaid, for him to complain for 
your nonpayment of it in time. I hope all the 
bills you have will be paid before the reciet of this, 
which you promist me in your letters. I shall not 
draw any more bills upon you till towards May. 
I am to believe when there is a new Governour of 
New England, you will have little need of my 
agency, and that you will be quiet possessors of 
your religious and civill interest. I am on Mun- 
day to meet in the city, the Quakers that have pro- 
cured an order from councill for repealing the law 
you made against them, which I took to be a very 
extriordinary order, considering you were in pos- 
session of your own charter, but the hand of Job 
is in it, I mean he who sent over a great sum of 
gold, taken in some prize ships, by which he sup- 
poses he hath secured his interest. I have scarse 
time to say more ; but my kind respects to your- 

* Gurdon Saltonstall. 



Charges against Connecticut, fyc. 327 

self and the worthy gentlemen of the Goverment. 
I am to you all a very sincere and 

Faithfull Servant, 
HEN. ASHHURST. 

Hon. Major Gen'll John Winthrop, Governour 
of the Colony of Connecticott. 



Charges exhibited against the proceedings of the 
Charter Government of Connecticut. 

That the Government of Connecticut does not 
observe ye acts of trade and navigation, but coun- 
tenances the violation thereof, by permitting and 
incouraging of illegal trade and Piracy. 

That ye colony of Connecticut is a receptacle 
of Pirates, who are iacouraged and harboured by 
that Government. 

That ye Government of Connecticut, harbours 
and protects soldiers, seamen and servants that de- 
sert from other her Majesties plantations, and will 
not deliver them up when they are reclaimed, they 
also give shelter to malefactors, who make their 
escapes from other parts, without delivering them 
up when demanded, and that great numbers of the 
young men go out of ye colonies of the Massa- 
chusetts Bay and New York (where they are obli- 
ged to pay taxes for the support of her Majesty's 
Government and maintaining the war ag'st ye 
French and Indians) to Connecticut, and are there 
entertained and induced to settle chiefly for that no 
taxes are raised there, for those necessary purpo- 
ses. 



328 Charges against Connecticut, fyc. 

That ye colony of Connecticut will not furnish 
their Quota towards the Fortifying of Albany and 
assisting New York, the place of common securi- 
ty for all those parts, nor do they give due assist- 
ance in ye colony of ye Massachusetts Bay against 
the French and Indians. 

That if any of her Majesty's subjects, not be- 
ing inhabitants of this colony, sue for a debt in ye 
courts, they can have no right done them, if the 
defendants be of that colony. 

That under colour of their charter, they try rob- 
beries, murders and other crimes, make capital 
laws and punish with death, without any legal au- 
thority for the same, and that their proceedings in 
their courts of judicature are very arbitrary and 
unjust. 

That they do not allow of the laws of England 
to be pleaded in their courts, otherwise than as it 
may serve a turn for themselves. 

That they have refused to allow of appeals to 
her Majesty in council, and give great vexation to 
those that demand the same. 

That ye Government have refused to submit to 
her Majesty and his Royal Highness comission of 
Vice Admiralty, and for commanding their Mili- 
tia, and have defeated ye powers given to ye Gov- 
ernors of her Majesty's neighbouring colonies in 
yt behalf. 

That they have made a law yt no christians 
who are not of their community, shall meet to 
worship God, or have a Minister, without lycence 
from their Assembly, which law even extends to 



Letter from Gov. Winthrop. 329 

ye Church of England, as well as other profess- 
ions tollerated in England.* 

By order of the Lords Comm'rs for Trade and 
Plantations. 

White Hall, April the 1705. 



Copy of Letter from Gov. TVinthrop, to Sir Hen- 
ry Ashhurst. 

New London, Aug't 2d, 1705. 
Honb'l Sr — 

This day came to my hands y'r letters, with an 
account of the complaints made against this colo- 
ny by the Lord Cornbury and Coll. Dudley, with 

* The above charges and complaints were prepared and ex- 
hibited by Governor Dudley and Lord Cornbury. Dudley and 
his abettors had laid their plans with great art and intrigue ; 
but Sir Henry Ashhurst, stood firm against all their assaults ; 
it was demonstrated by, his council that the Colony was vested 
with ample powers to make and execute laws criminal and 
capital, as well as civil. With respect to the irregularity and 
injustice of the Courts, it was urged that the charges were gen- 
eral and derived from hearsay and clamor, and that no particu- 
lar case was specified, and therefore needed no reply. And in 
respect to the complaint that Connecticut did not furnish her 
Quota of men which was demanded by the Governors of the 
neighboring Colonies, it was replied that by their Charter they 
were under no obligations to comply with those demands, 
notwithstanding they were able to show that they had the last, 
and the present year between five and six hundred men in actu- 
al service. Four hundred of this number had been employed 
in the defence of Massachusetts and New York. The complaint 
that Connecticut harbored deserters, pirates <yc. was not sub- 
stantiated; and the charges in general were not sustained by 
any weight of evidence, and Dudley, Cornbury and their asso- 
dates, were frustrated in all their designs against the Colony. 
# 28 



330 Letter from Gov. Winthrop. 

the articles drawn up ag't us out of those com- 
plaints, so that it is not possible for us to make an- 
swer by the time appointed, which is now almost 
expired ; neither is there any vessell either at Bos- 
ton or New York, bound for London : but just 
now hearing of a small Ketch, bound from Boston 
for the North of England, I thought it necessary- 
to embrace that opportunity, to signifie to y'r 
Hon'r that the Government here, will with all pos- 
sible speed make answer to the complaints, and 
make it very evident that there is not the least 
reason for any such charges to be made ag't them : 
but on the contrary, that we have always acted 
directly contrary to what we are accused of with 
relation to the harbouring of pirates, or deserters, 
or allowing any of the acts of trade to be viola- 
ted, or any other matters therein mentioned by 
our accusers ; and that we have never failed, with 
the greatest cheerfullness to express our allegi- 
ance to her most sacred Majesty, and our readi- 
ness to assist, (far beyond our Quota stated by his 
late Majesty King William ye 3d,) the neighbour- 
ing provinces of York and Boston for their sup- 
port ag't the enemy, notwithstanding the heavy, 
but groundless complaints, made from thence ag't 
us. 

I take also this opportunity to add, that in the 
case of Maj'r Palmes's appeals : the court of as- 
sistants, not judging the security which he offered 
to be sufficient ; the persons who offered to be 
bound for him, appearing to be men of none, or 
very small estate : I conclude those appeals will 
not be heared ; her Majesties order in councill, re- 
quiring such security should first be given : How- 
ever, by the first direct opportunity to London, or 
any other Port to the West of England, I shall 
send such an account of those cases as will I be- 



Letter from Gov. Winthrop. 331 

lieve demonstrate that he has every jot as little 
reason to complain of injustice as Hallam had in 
his appeall, in which her Majesty was pleased to 
affirm the judghment of our courts, which I can- 
not do now ; the present uncertain opportunity re- 
quiring so much hast. In the greatest hast, and 
deepest sence of yo'r many obligations and friend- 
ship, I am Hon'ble Sr yo'r most faythfull humble 
Servant. 

J. WINTHROP. 



Copy of a Letter from Gov'r Winthrop to Sir 
Henry Ashhurst, in answer to the charges and 
complaints against the Colony. 

New London, Aug. 2d, 1705. 
Honr'ble Sr — 

Altho ye present opportunity by ye small Ketch 
bound for ye North of England be so uncertain, 
yet I cannot omitt to signifie to yo'r Hono'r yt ye 
last bill of exchange of £140 is accepted by this 
Goverm't, and because of the great scarcity of 
money among us, they sent to Capt. Sewall at 
Boston to engage to pay interest for it, till ye mon- 
ey may be furnished to ye Treasurer. I am very 
sensible of yo'r constant care of o'r affairs, and 
more especially at this juncture, when those yt 
pretended friendship, endeavoured by private 
complaints, and as fals as any yt could be devised, 
to destroy us wth'out suffering us, (if they could 
have prevented it) to make answer for o'rselves. 
Next to her Majesties justice, wee owe it to yo'r 



332 Letter from Henry Ashhursl. 

vigilance yt they are thus far frustrated. The 
Goverm't here has not made it their business to 
enquire after irregularities in the neighbouring 
provinces, nor shall wee alledge ye hard things 
vv'ch have been put upon this Govr'mt, from either 
of them, tho it were easy for us to complain upon 
better grounds than any they have to suppose 
themselves injured by us, who have been at seve- 
rall thousands of pounds charge for their assist- 
ance bothrof New York and Boston, and have ev- 
er studiously endeavoured yt they should not have 
the least reason to complain of o'r neighbourhood, 
but I know not whether it be fitt wee should al- 
ways be silent, who meet w'th no better usage 
from them, that we are so care full to shew all 
possible respect to o'r Generall Assembly, w'ch 
will shortly convene, will upon ye perusall of yo'r 
letters, be very sensible of y'r obligations, you are 
increasing upon them, and be most ready to ac- 
knowledge it to their utmost abillities. 
I am your most Humble Serv't, 

J. WINTHROP. 



Letter from Sir Henry Ashhurst, Agent for the 
Colony of Connecticut, to Gov'r Saltonstall. 

London, August 25th, 1708. 

Honourable Sir: — 

I had yours of the 6th of January last, wrote at 
the desire of the Generall Assembly, and I do 
with great sincerity condole with you, the loss of 



Letter from Henry Ashhurst. 333 

that excellent Governour,* your immediate pre- 
decessor, who for his publick spiritedness and zeal 
for the liberties of his countrey, when one so near 
you armed with power, with great abillityes, 
great dissimulation, great falseness, had endeav- 
oured with great art to rob you of every thing 
that was dear to you, tho some considering per- 
sons among you might foresee some of his mali- 
cious designes ; but you know not half the mis- 
chief that was designed against you. Under these 
difficulties your predecessor show'd himself a 
true decendant of Romulus his grandfather, the 
first founder of Connecticott colony. And since 
God has taken him from you, I look upon it as a 
great mercy, that one in some respects superior 
to him by your knowledge in divine things fills up 
his room. 

There is some good spirit or genius among you, 
that you are neither cheated, nor affrighted out of 
your liberties and religion. The axe was laid to 
the root of the tree, and how unworthy am I to 
be employed in defending that good people from 
slavery and the greatest oppressions. I would 
not have you disturbed about your taking the 

* Fitz John Winthrop ; he was the son of the Honorable 
John Winthrop, the first Governor of Connecticut, under 
the Charter. His birth was at Ipswich, in Massachusetts, 
163S. Upon the assumption of the Charter, May 1689, he 
was chosen into the Magistracy. In 1690 he was appointed 
Major Generall of the land army designed against Canada. 
On the dispute relative to the command of the militia, he 
was sent agent for the colony, to the British court 1694. 
After his return, May 1698, he was elected Governor, and 
was annually reelected during his life. He died Nov. 27th, 
1707, in the 69th year of his age. 

He appeared to have been a gentleman of popularity, and 
to have sustained a character without blemish. — Trum. Hist, 
Conn., Vol. i. p. 431. 



334 Letter from Henry Ashhurst. 

Government, when you are once extricated out 
of your difficulties by the removal of a certain 
person from a neighbouring Government, you'l 
find your country in rest, living in the fear of God 
and comforts of the Holy Ghost; you may then 
think of returning to your former calling, but at 
present you must be the Moses, and as the Arch 
Bishop Tillotson told me that he would not have 
undertaken that great employment, but upon the 
Kings promise of leave to lay it down, as soon as 
setled in his Kingdoms. You speak of a letter 
written to me of the count revs concerns, but that 
I never received ; also what you writ about a 
commission of enquiry relating to the Mohegan 
Indians. I make it my business with all my in- 
terest to keep that matter quiet. Alas ! Sr, I can 
no more hope to have those persons you name, 
Judges, than to have you Chief Justice of Eng- 
land. You have now the mercy of an honest 
Lord coming near you. If I can, I should be 
contented to have it refered to him ; tis my Lord 
Lovelace, Governour of New York. I desire 
you would depute some of your company to wait 
on him, and deliver him the inclosed, and make 
him some small present. He is a man of honour, 
and he will use you justly. His Secretary, Mr. 
Cockrill, is I believe, a very honest man and you 
may trust him. I desire you would present to 
the Queen, a very handsome address to congrat- 
ulate the good success of her arms against the 
French, and to take notice of the Duke of Marl- 
borow, her General, and also to write a letter to 
the Duke of Marlborow to congratulate him, and 
to pay his kindness to your country, and that he 
would employ his great interest, that you may 
not be opprest by any Governour of Massachu- 
setts, in New England, or by any Governour of 



Letter from Henry Aslihurst. 335 

New York, as you have been by _ Col. Dudley in 
New England, and my Lord Cornbury in New 
York. And likewise the Earl of Sunderland to 
the same purpose, who is the Secretary to whom 
the care of the plantations belongs. And also a 
letter to the Duke of Bedford, and take notice in 
it that his grandfather the great Earl of South- 
ampton the Lord Treasurer was founder of your 
colony. His name was Wriothesley, the Dukes 
Christian name. Your brother Nath'l is steward 
to Mrs. Howland, the Dukes mother-in-law, and 
take all your wise men together to draw up these 
letters : and thoroughly and fully set forth your 
hardships about the Mehugan Indians, and of 
Dudleys proceedings at Stonington, and that it 
was, as truly it is, a contrivance of Dudley's to ' 
rob you of your estates, and also set out the false- 
ness of his complaint to the Queen and Councell 
about your not contributing to the charge of the 
war, when by his letter of the same date to you, 
he thanks you for the greatness of your supplyes, 
and that you had actually been at ten thousand 
pounds charge for the support of the war in two 
years time, when your whole countrey has not in 

limning cash pounds in it. Put all these 

letters and memorials, under your common seal, 
either under a flying seal, or else send me dupli- 
cates, that I may know what is in them, and take 
notice that you send them to me as your publick 
agent, and also beg her Majesty, that she would not 
put her loyal colony to charge in receiving any ac- 
cusation against them, so as to proceed upon it, 
without giving you liberty to answer for your- 
selves. And when you have got all these address- 
es and papers redy, send 'em to me as your agent, 
and write another letter to the Duke of Somerset, 
to thank him for the kindness he has shown you, 



336 Letter from Henry AshhursL 

and another to the Duke of Devonshire, and take 
notice of the great services his Father has done 
you. Send ail these by a special messenger to 
Mr. Cockrill, my Lord Lovelace's Secretary, and 
desire him to send them to me. I am very glad 
that my pains and services are accepted by you. 
And if I did not like the imployment I would not 
impair my health and spend my money and my 
precious time to watch all the motions of your vi- 
gilant enemies from my own pleasant seat and 
family. But I serve a good God in a glorious 
cause, and so I go on chearfully. I desire inyour 
next you'd send me your body of laws, the num- 
ber of your inhabitants as near as you can, ye 
number oi your Ministers and Parishes, and the 
names of the most considerable Ministers, the ex- 
tent of your colony, and how conversions to seri- 
ous religion goeth forward. I have inquired about 
the acts of trade and navigation and there are no 
new books of rates made since the union. And 
I would have you have as little to do with Eng- 
land as you can. And therefore if the commis- 
sioners of the Custom House send you a Naval 
officer, they must pay him his salary and appoint 
security to be taken ; but if the commissioners of 
the Custom House do not appoint any such offi- 
cer, you may do it yourselves by vertue of your 
charter. You must be sure to keep close to that, 
and there you are safe and strong. Be sure in 
your addresses to the Queen you tell her that be- 
fore Dudley came into New England Governour 
there were no complaints against you ever since 
you were a colony, or any acts of injustice, or any 
disaffection or disrespect to the Kings and Q-ueens 
of England, which you abhor, and only pray that 
you may have the liberty to pray for her Majes- 
ty's long life and happy Reign, and that you may 



Letter from Henry AshhmrsL 33? 

peaceably enjoy the priviledges granted by Char* 
ter to your colony by her Majesty s Royal prede- 
cessors. I dont doubt but you have paid the bills 
drawn on your late Governour John Winthrop 
Esqr, the last year, and that you will pay the bills 
I have now drawn upon you for a hundred and 
sixty pound New England money, and twenty 
pound to Mr. Noyse beside the exchange. Con- 
sidering your poverty, this is all I shall draw upon 
you for my salary and expences this year, which 
have been very great. You must also write a 
complimenting letter to the Lord High Treasurer, 
who is at present the great Minister of State, to 
thank him for the service he has done you, and to 
pray the same things as you do to my Lord Marl- 
boro w. My very humble service to yourself, your 
Deputy Governour, the Councell and Representa- 
tives, and I am with great respect, 

Yo'r verv affectionate and Humble Servant, 

H. ASHHURST. 

To his Excellency Gordon Saltingstall Esqr, and 
to the Lieutenant Governor, Councell and Repre- 
sentatives of Connecticott. 

In y'r letters to my Lord Sunderland, her Ma- 
jesties principall Secretary of State, you are to 
take notice to him, that I do you the honour to be 
y'r publick Agent : And that if his Lordship has 
any matters before him relating to you, to pray 
him that he would be pleased to communicate them 
to me as your Agent. 



29 



338 An Act of General Assembly. 



A General Assembly holden at New Haven, Octo- 
ber 14th, 1708. 

It is ordered and enacted by this Assembly, 
that there shall be allowed and paid out of the pub- 
lick Treasury of this colony, the sum of fifty 
pounds in pay, for the bringing up and maintain- 
ing of doggs in the northern frontier towns in this 
colony, to hunt after the Indian enemy, and be 
improved and ordered for that end, by the comit- 
tee of warr in the county of Hartford, according 
to their discretion, as soon as may be, who are to 
procure as many doggs as that money will allow, 
to be always ready for the colony's service against 
the comon enemy. 

It is ordered and enacted by this Assembly, that 
the comittee of warr in the county of Hartford, 
shall cause to be erected in the towns of Wind- 
sor, Farmington, Simsbury and Waterbury, so 
many garrisons as they shall judge needfull, and 
support them with men and provisions as there 
shall be occasion ; the garrisons to be erected at 
the charge of the colony, or else of the respect- 
ive towns, as the said comittee shall order, provi- 
ded always that there shall be but two garrisons 
at Simsbury, and two at Waterbury, erected at the 
colony charge. 

It is ordered and enacted by this Assembly, that 
the Hon'ble Dept. Governour, shall cause to be 
erected such and so many garrisons at Woodbury, 
Danbury and Weantenuck,* and support them 
with men and provisions as he shall judge neces- 
sary, at the colony's charge, provided there shall 
not be any other then two garrisons at Woodbury 
and one at Danbury, erected at the colony's charge. 

*NewMilford. 



Letter from Queen Anne. 339 

It is ordered and enacted by the Governour and 
Council and Representatives in General I Court 
assembled, and by the authority of the same, that 
no person or persons whatsoever, within this col- 
ony, upon any pretence whatsoever, shall furnish, 
lend or sell to any of our friend Indian or Indians, 
any gun for any time longer or shorter, on pain of 
forfeiting such gun so lent or sold, or the full val- 
ue thereof, upon conviction of the offence, before 
any one assistant or Justice of the Peace, or Court 
of Judicature within this colony. And it is fur- 
ther enacted by the authority aforesaid, that all 
and every person and persons whatsoever within 
this colony, who hath or have any gun or guns in 
the hands of any of the said Indians, which is or 
was lent to them, shall speedily recover and get 
the same out of their hands, on pain of forfeiting 
the same gunns as aforesaid. And all such for- 
feitures, shall be and belong to the Treasury of the 
county, wherein the offence is or shall be comited. 



Letter from her Majesty Queen Anne. 

Anne R. 

Trusty and well beloved, we greet you well, 
whereas we are fitting an expedition with great 
expence for the security of our subjects under 
your Government from the neighbourhood of the 
French at Canada, which hath been very trouble- 
som to them of late years, according to certain 
proposals laid before us by our trusty and well be- 
loved Colonel Vetch, and pursuant to many appli- 



340 Letter from Queen Anne, 

cations that have been made to us by our subjects 
who have suffered very much from the French in 
that neighbourhood. We do hereby strictly re- 
quire and command you to be assisting to this our 
expedition, after the manner that the said Colonel 
Vetch shall propose to you in our name, and that 
you look upon those parts of his instructions 
which relate to you and to the Government under 
your care, and which we have ordered him to 
communicate to you in the same manner as if they 
were our positive commands directed to yourself, 
and that you pay the same obedience to them.— 
And so we bid you farewell. 

Given at our Court at St. James, the second 
day of March, 1708-9, in the seventh year of our 
Reign.* 

By her Majesties command, 

SUNDERLAND. 

To our Trusty and well beloved, the Govern- 
our of our Colony of Connecticut, or to the Gov- 
ernour of our said Colony in America for the 
time being. 



* This letter was laid before the General Court the 12th 
of May 1709, with other information, that her Majesty was 
fitting- out a squadron, which it was designed should arrive 
at Boston in the month of May or June, with about fbor 
thousand land forces to assist in the reduction of Canada. — 
Connecticut was required to raise 350 men to join the expe- 
dition. The Colonies eastward of Connecticut were requi- 
red to raise 1200 men ; the Colonial Governments were di- 
rected to furnish provisions for the troops for three months 
service. The army was to proceed by the way of the Lakes 
George and Champlain,, and make a descent upon Montreal 
and Quebec. Connecticut raised their Quota with the 
greatest expedition. Col. Whiting was appointed to com- 
mand them — the troops from the eastward were ready in 
season, and before the first of June the Provincials were 
ready to march for Canada. Gen. Nicholson formerly 



An Act of General Assembly. 341 



At a General Assembly and Court of Election be- 
gun and liolden at Hartford, in her Majesties 
Colony of Connecticut, in New England, on the 
12th day of May, in the eighth year of the 
Reigneof our Sover eigne Lady Anne, Queen 
of Great Brittain fyc, Annoq. Domini 1709. 

By order of the Honnourable the Governour, 
the Gent, members of both Houses being mett to- 
gether, the Governour caused severall letters and 
writings to be read before them, that is to say, a 
letter from Sr Henry Ashhurst, Agent of this col- 
ony, bearing date August 25th 1708, and a letter 
sent to the said Agent, bearing date January 28th, 
170S-9, and the Hon'ble the Governour, now also 
laid before the Assembly, a letter to him directed 
and sent from her Majestie, our Sovereigne Lady 
the Queen, bearing date the 2d day of March, 
1708-9, requireing the assistance of her subjects 

Lieut. Governor of New York, was appointed to the chief 
command, with orders to march as far as Wood Creek ; and 
there to wait the arrival of the Fleet at Boston, and then to 
advance, in order that the attack upon Quebec and Montre- 
al might be made at the same time. The Colonies had 
made great exertions to promote the expedition ; more than 
two hundred boats had been built and were in readiness for 
crossing the Lake. But the Fleet expected from England 
did not arrive — owing to some reverses of the English allies 
in Europe, the expedition designed for America, sailed for 
another destination, and the expedition was defeated. A 
great mortality prevailed among the troops, and in the fall 
Gen. Nicholson with the troops returned to Albany. More 
than one fourth of the troops died in this fruitless expedition. 
Connecticut sustained the loss of ninety men. At a special 
session of the Assembly, on the 8th of June, it was enacted, 
that for want of money, there be forthwith imprinted £8000 
in bills of credit on the Colony, to assist in carrying on the 
expedition. This was the first emission of paper currency 
in Connecticut. 

29* 



342 An Act of General Assembly. 

in this colony, in an expedition now forthwith to be 
made against the French at Canada, according to 
her Majesties instructions to the Hon'ble Col. 
Vetch relating thereunto, directing and comand- 
ing that 350 men be raised in this colony, and 
sent upon the said expedition ; and the Governor 
recomended the consideration of the said letter 
and instructions to this Assembly; and the same 
was considered accordingly — and thereupon the 
Governour, Councill and Representatives, now in 
General Court Assembled, having a very deep 
sence of her Majesties Royal favour, in resolveing 
upon the said expedition against Canada, out of 
special favour to this colony, with the neighbour- 
ing provinces, which have suffered so greatly by 
the French of that settlement (which they do here- 
by agree and order to be humbly presented to her 
Majestie, in an address for that end, prepared and 
signed by the Governour and Secretary in their 
names) have resolved and do hereby resolve and 
enact, with all possible dispatch, to comply with 
that part of her Majesties instructions accompa- 
nying the said letter, which concerns this colony, 
and to joyne forthwith the forces of New York, 
Newjersey and Pensilvania with 350 men, (that 
being the quota of men in this colony, mentioned 
in the instructions aforesaid) with whom the Gov- 
ernour shall send some sutable person of this col- 
ony, to take a general care of them, who shall be 
subsisted at the charges of this colony, and main- 
tained in their pay ; the executing of which, this 
Assembly doth leave with the Honnourable the 
Governour and Councill ; for whose furtherance 
and assistance therein, this Assembly have agreed 
upon a body of conclusions now to be delivered 
to them. 



An Act of General Assembly, 343 

An address to her Majestie, relating to the ex- 
pedition against Canada, signed by the Hon'ble 
the Governour and Secretary, in the name of this 
Assembly, and also a body of conclusions for the 
assistance of the Governour and Councill in the 
managin the said expedition, so far as this colony 
is concerned therein, was now drawn, read, con- 
sidered and approved in this Assembly, whereof 
true copies are by this Assembly, ordered to be 
kept on file. 

It is ordered and enacted by the Governour, 
Councill and Representatives in Generall Court 
assembled, and by the authority of the same, that 
there shall be allowed and paid out of the Publick 
Treasury of this colony, to all private centinells, 
as well volunteers, as such as are or shall be im- 
pressed (who shall be employed and go into her 
Majesties service, on the expedition against Cana- 
da) within this colony, the sum of two shillings 
and sixpence pr day in pay, for their wages, for 
every day of the week, from the time they are list- 
ed or impressed, untill they shall be dismissed from 
that service, and that there shall be allowed and 
paid out of the said Treasury, to all officers within 
this colony, as well volunteers as others, who shall 
go upon said expedition, additions to their wages 
of centinells, any lav/ to the contrary notwith- 
standing. 

It is ordered and enacted by the authority afore- 
said, that whatsoever shall be necessary for the 
comfortable subsistence of our troops, who are 
now going on the expedition against Canada, such 
as Duflfells or other cloath &c, which cannot be 
procured in this colony, shall be taken up (by or- 
der from the Governour and Councill) in any other 
province, and shall be charged upon this colony, 
and paid for by the Treasurer of the same. 



344 Conclusions in General Assembly. 



Conclusions agreed upon in the General Assembly 
held in Hartford, May 12, 1709, relating to the 
expedition to Canada now to be pursued, for the 
assistance of the Gov^r and Councill in the fur- 
ther managing and expediting that affair. 

1. That the Governour, when he comes to 
New York, whither he is now going, endeavour to 
obtain a generall command, for some gentleman 
of our own Government to be appointed by our 
Govt and Councill, to go to Canada ; that our 
troops may be under his particular eye and care. 

2. That the Indians in our Government, be 
incouraged to go, by allowing them arms, ammu- 
nition and wages, at her Maj'ties charge. 

3. That it be concerted and agreed, in case 
Canada should be reduced, that none of our soul- 
diers be obliged to stay in garrison there, but 
have leave to return. 

4. That, bread be procured at Albany or New 
York, and our wheat exchanged for it. 

5. That a sloop be sent forthwith to New 
York for arms and ammunition out of her Maj'ties 
stores. 

6. That we be exempted out of the charge of 
the store house to be erected at Wood Creek, 
which will be of constant use to New York, and 
no benefit to us as toe this expedition. 

7. That the provisions necessary for our for- 
ces, be taken where they shall be cheapest had in 
the colony,* and most for the advantage of the 
Government. 

8. That 372 men be raised out of the train 
bands in the severall towns underwritten, and in 
the proportion added, out of which 350 effective 
men only to go in ye expedition. 



Conclusions in General Assembly. '345 

9. That a Captain, Physician, and chirurgeon 
be provided and furnished to march with our men. 

10. That our men shall be raised forthwith by 
a warrant from the Gov'r to the severall Captains, 
to impress their proportions of men, and have 
them completely fitted and march them immedi- 
ately to their County Towns, or otherwise as the 
Gov'r shall order, there to be billeted and under 
the command of the Captains of the said County 
Towns, or other chief military officers in the said 
Towns, till further orders from our Gov'r. Such 
men as have no good arms, of their own, shall be 
furnished with arms and ammunition, out of stores 
already provided. 

11. The proportion of our Troops to be raised 
in our severall Towns are as follows — 

Hartford, 22 Haddam East side, 6 

N. Haven, ,» 17 Haddam West side, 5 

Windsor, 22 Darby, 4 

Weathersfield, 16 Fairfield, 13 

Glassenbury, 6 Simsbury, 6 

Milford, 14 Woodberry, 7 

Guilford, 13 Preston, 7 

N. London, 16 Groton, 9 

Wallingford, 12 Saybrook, 11 

Waterbury, 4 Stamford, 9 

Killingworth, 5 Windham, 6 

East Haven, 5 Norwich, 13 

Greenwich, and Lebanon, 11 

Horsneck, 6 Stonington, 13 

Lyme, 11 D anbury, 5 

Stratford, 11 Plainfield, 5 

Norwalk, 10 Farming-town, 11 

Colchester, 7 Durham, 2 

Middletown, 13 Mansfield, 2 

Branford, 9 Canterbury, 2 

Massamuget,* 3 Kellenslie,t 3 

12. That if any thing not provided for in these 
conclusions, and for the service of the expedition, 

*Pomfret, 
tKillingly, 



346 Conclusions in General Aseembly. 

and for the advantage of this Government, can be 
done at New York, whither the Gov'r is now go- 
ing ; it is hereby recommended to his care, 
past in the lower House. 

Test Richard Bushnell, Clerk. 
May 13th, 1709. 

past in the Upper House. 

Test Caleb Stanley, Secretary. 
May 13th, 1709. 

A scheme of the stores of Provisions tyc. necessa- 
ry for 360 men, for four months. 

40,003 lbs. of Bread, being 1 lb. a man a day. 

Ill Barrels of Porke, w'ch is halfe a pound a 
day for a man. 

340 Bushels of Pease w'ch is 1-2 pint a day for 
300 men. 

120 Bushels of Indian Corn, w'ch is a pint a day 
for 60 Indians. 

1488 Gall's of Rum, w'ch is 1 gill a day for a 
man. 

11 thousand wt. of Beef, w'ch is 1-4 pound a 
day for a man. 

900 yds. of Duffels, of w'ch we have of ye old 
store at Boston about 100 yds.; and at N. London 
15 yds. 

300 Snap sacks for the English, supposeing ye 
Indians will use baggs of their own. 

300 Baggs for the carrying 3-4 of the above 
quantity of bread from Albany, of w'ch there are 
already some at New Haven, and some at Coll. 
Whftings at Hartford, and there are at N. Lon- 
don 15 baggs and 49 bed sacks w'ch will make 
98 baggs. 

2000 wt. of Tobacko. 



An Act of General Assembly. 347 

At a General Assembly holden at New Haven, the 
ISth day of October, 1709, 

An act for stating and settling the wages of di- 
vers officers and centinells, in the Expedition 
against Canada, this present year 1709, and for 
ascertaining the allowances for Billetting of offi- 
cers and soldiers, &c. 

It is enacted and ordained by the Governour, 
Councill and Representatives, in Genei all Court 
Assembled, and by the authority of the same, that 
there shall be allowed and paid out of the publick 
Treasury of this Colony to the severall Captains 
and other officers and private centinells hereafter 
mentioned for the service in the Expedition against 
Canada. 

To each Captain, by the week, £1 

To each Lieutenant, by the week, 1 

To each Serjeant, by the week, 

To Clerks, Trumpeters and Drummers, 

by the week, 

ToCorporalls and centinells, by the week, 
To Mr. Adjutant Goodrich by the week, 1 
and it is ordered and enacted by the authority 
aforesaid, that there shall be allowed and paid to 
all such persons as have furnished the forces, with 
Horses in the said expedition (to such number as 
were allowed to each company, by the Governour 
and Councill) for the service of their said Horses, 
one shilling and four pence pr. week, as money 
for each Horse, and for each Horse dead or lost, 
in the said service, the value of such Horse as 
money, according as shall be determined by the 
judgment of two indifferent men upon oath, who 
knew the worth or value of the Horse, to be ap- 
pointed and sworn by the next assistant, or Justice 
of the Peace, and that there shall be allowed and 



9 


2 


3 


1 


14 


7 


12 





11 


8 


9 


2 



348 An Act of General Assembly, 

paid to all such persons as have furnished the for- 
ces with arms, saddles, bridles, or any other tack- 
ling for horses, or other things whatsoever, for the 
use and service thereof, so much as is the vallue 
of the damage don to the same ; and in case any 
such arms, furniture or other things is lost, or shall 
be lost, wholly spoiled or not returned, there shall 
be allowed and paid to the owners thereof, the 
vallue of such arms, furniture or other things, as 
money, to be sett thereon according to the direc- 
tion of an act of this Assembly, made fop that 
purpose, October 12th, 1704. Provided always, 
that the owners of such horses, as are dead, or 
shall die upon the expedition, or be lost and not 
returned, shall be paid only the vallue of such hor- 
ses, to be determined and sett as aforesaid, and no 
wages or pay for their service. 

And it is further enacted by the authority afore- 
said, that there shall be allowed and paid to all 
such persons as have billetted or victualled any of- 
ficers or soldiers, upon the said expedition, and 
who shall so do, the sum of three pence pr meal 
as money, but in such case, where any of the said 
officers and soldiers were billetted or victualled, 
one whole weeks time or more, there shall be al- 
lowed and paid three shillings and four pence pr 
week, as money, and at that rate for the same, and 
no more, and that there shall be allowed and paid 
for pastureing or keeping horses upon the said ex- 
pedition, three pence pr night, or twenty-four 
hours, for each horse, and where any such horse 
hath been, or shall be pastured or kept, one whole 
week or more, there shall be allowed and paid but 
eight pence pr week, as money, and at that rate 
for the same. 



Questions to the Colony* 849 



Gentlemen : — 

My Lords Commissioners for trade and planta- 
tions command me to send you the enclosed que- 
ries, relating to the colony of Connecticut, and to 
desire your particular answers thereto as soon as 
may be. 

I am ALVERD POPPLE, 

1. What is the situation of the colony under 
your Government, the nature of the country, soile 
and climate, the latitudes and longitudes of the 
most considerable places in it, have those latitudes 
and longitudes been settled by good observations, 
or only by common computation ; and from 
whence are the longitudes computed ? 

2. What are the reputed boundaries, and are 
any parts thereof disputed, what parts and by 
whom ? 

3. What is the constitution of the Government ? \ 

4. What is the trade of y'r colony, the num- 
ber of sniping, theire tonage, and the number of 
seafaring men, with the respective increase or di- 
minution within ten years past ? 

5. What quantity and sorts of Brittish manufac- 
tures do the inhabitants annually take from home '? 

6. What trade has the colony, under your 
Government with any forreign plantations, or any 
part of Europe, besides Brittain, how is that trade 
carried on, what commodities do the people under 
your Government send to, or receave from for- 
reign plantations ? 

7. What methods are there used to prevent il- 
legal trade, and are the same effectuall ? 

8. What is the naturall produce of the coun- 
try, staple commodities and manufactures, and 

30 



350 Answers to foregoing Questions. 

what vallue thereof in sterling money, may you 
annually export ? 

9. What mines are there ? 

10. What is the number of inhabitants, whites 
and blacks, and are the inhabitants increased or 
decreased, within the last ten years, how much 
and for what reason ? 

11. What is the number of the Millitia? 

12. What Forts and places of defence are 
there within your Government, and in what condi- 
tion ? 

13. What number of Indians have you, and 
how are they inclined ? 

14. What is the strength of the neighbouring 
Indians ? 

15. What is the strength of the neighbouring 
Europeans, French or Spaniards ? 

16. What effect have the French or Spanish 
settlements on the continent of America, upon his 
Majesties plantations, especially on youre colony ? 

17. What is the Revenue arising within youre 
Government, and howe is it appropriated ? 

18. What are the ordinary and extraordinary 
expences of youre Government ? 

19. What are the establishments civill and 
Millitarie, within youre Government, and by what 
authority do the officers hold theire places ? 

It is desired that an annuall return may be made 
to those queries, that the board may, from time to 
time, be apprised of any alterations that may hap- 
pen in the circumstances of your Government. 



May it please your Lokdships : — 

We have received your queries, to his Majes- 



Answers to foregoing Qnestions. 351 

ties colony of Connecticut, and in answer there- 
unto, we inform your Lordships as foiloweth : — 

1. The colony of Connecticut is situate upon 
three principal rivers, viz. Connecticut river, 
Stratford and Quinabauge rivers, and on the sound 
Southward toward Lonjj Island, in some places 
oure lands are intervaile or meadow, upon the riv- 
ers, and by the sound the soile is fruitful], but the 
far greater part of the land in the coloney is moun- 
tainous, rockey and more barren ; the climate is 
very cold in the winter, and very hot in the sum- 
er, the weather, often and suddenly changing. — 
The colony lyeth between forty-one and forty- 
two degrees of North Latitude, and in Longitude 
about seventy degrees West from London : the 
Latitude has been found by repeated and carefull 
observations. 

2. The reputed and known boundaries, are 
the Massachusets in the North, Road Island colo- 
ny on the East, Long Island Sound on the South, 
and New York Province on the West. No points 
thereof are disputed, but all settled and ascertain- 
ed, excepting some part of New York, the dividing 
line betwixt this colony and New York. 

3. As to the Constitution of the Government, 
the Legislator is by oure Royal] Charter, granted 
by King Charles the Second, of blessed memory, 
lodged in the Generall Court, consisting of a Gov- 
ernour, or in his absence a Deputy Governour, 
twelve assistants, and one or two Deputies from 
every town. The Governour, Deputy Govern- 
our and assistants, are annually chosen by the 
major part of the freemen in the colony, and the 
Deputies by the freemen in each town, which 
Court or Assembly, are divided into two Houses, 
the upper House consisting of the Gov'r, or in his 
absence the Deputy Gov'r and six assistants at 



352 Answers to foregoing Questions. 

least, and the lower House of the Deputies ; with- 
out the consent of the major part of each House, 
no act is passed, who makes laws, institute judica- 
tures, appoint Judges and necessarie officers, and 
cause them to be sworn, grant lands, make orders 
and institutions as the necessity of the Govern- 
ment requires, which Assembly meet twice in the 
year, and in the vacancies, the Gov'r and assist- 
ants, manage the contingent affairs. 

4. The trade of the colony is but small, horses 
and lumber are exported from home to the West 
Indies, for which we receive in exchange, sugar, 
salt, and millasses and rum ; what provisions we 
can spare, and some small quantities of tar and 
turpentine are sent to Boston and New York and 
Rhoad Island, for which we receive European 
goods, the number of oure shiping and theire tun- 
age is as followeth : 

Hartford, Daniel Williams, Master, Sloop Mary, 
60 tuns. 

Greenwich, Sloop Sarah and Abigail, Henry 
Joans, 30 tuns. 

Gilford, Sloop Mary, 12 

New London, a Brigantine, London, 60 

Norwich, Sloop Olive Branch, 25 

Milford, Sloop Tryall, 40 

New Haven, Schooner Elisabeth and 

Mary, 50 

Seabrook, Sloop Lucy, 35 

Killingworth, Sloop, 10 

Norwich, Sloop Mary, 20 

Hartford, Sloop Rebeckab, 40 

New Haven, Sloop Humbard, 20 

Norwich, do. Martha and Elisabeth, 40 

Haddam, do. Ranger, 30 

New London, a Brigantine, 80 

Gilford, Sloop Tryall, SO 



Answers to foregoing Questions. 353 

Middletown, Sloop Lark, 45 

Norwich, do. Success, 40 

Hartford, do. Hampshier, 18 

New London, do. Lydia and Mary, 25 

Branford, do. Dolphin, 33 

New Haven, do. Mary and Mercy, 30 

Hartford, do. Tryall, 35 

New Haven, Schooner Tryall, 30 

Milford, Sloop Swallow, ' 30 

Norwalk, Sloop Tryall, 25 

Gilford, do. Swan, 25 

Middletown, Brigantine, Alten, 60 

Gilford, Sloop Rubie, 30 

Killingworth, do. Tryall, 20 

New Haven, do. Tryall, 35 

Weathersfield, do. Thankfull and Ann, 18 
Greenwich, do. Elisabeth, 30 

Stratford, do. Endeaver, 30 

Fairfield, do. , 20 

New London, do. Dolphin, 15 

Stratford, do. Indeaner, 30 

New London, do. Michael, 12 

Lyme, do. Three Brothers, 30 

Stratford, do. Dolphin, 12 

Seabrook, do. North, 25 

Seabrook, do. Joseph and Mary, 30 

Forty-two saile of vessels, which stand in the 

same order as they do in the Collectors Register 

Book. Our seafaring men are only what are ne- 

cessarie to manage the shiping afores'd, there hath 

been no sensible addition or diminution, for ten 

years past, then heretofore, only that we have 

built considerable more the ten years last past 

then heretofore, the most of said shiping, so lately 

built, have been sold att the Province of Boston, 

West Indies, and to his Majesties subjects of 

Great Brittain, Bristole, &c. 

30* 



354 Answers to foregoing- Questions. 

5. Our inhabitants take (annually) all sorts of 
woolen cloth, silks, glass, nailes, sithes, pewter r 
brass, and fire arms, of the British manufactures, 
but we cant ascertain your Lordships, the quantity. 

6. The trade which the coloney hath with any 
foreighn Plantations, is only as before mentioned, 
and with no parts of Europe, excepting only a few- 
voyages to Ireland, with timber and some few, one 
or two that have built here of late, made theire 
voyage to Bristole, theise sold ships and cargo and 
brought theire returns heather. 

7. The method used to prevent illegall trade f 
are the measures taken by the collector placed at 
New London, and his Deputy at Fairefield, where 
are also navall officers, under the strictest regula- 
tions, which do at present prove efectuall, but there 
being many other convenient Harbours along the 
sound, many of which were allowed to be free 
Ports, will render it dificult, had we any consider- 
able trade, and now is a great hardship and an ob- 
struction to the little trade that we have, all being 
obliged to put in at New London, to enter and 
cleare, whereby some winds and much time is lost. 

8. The produce of the country, is timber, 
boards, all sorts of English grain, Indian corn, 
Hemp and Flax, Sheep, Cattle, Swine, Horse kind, 
Goats and Tobacco, oure manufactories are incon- 
siderable, oure people being generally imployed in 
tilling the earth, some few are imployed in tanning 
and shew making and other handy crafts, others in 
building Giner work, Tailors, Smiths, without 
which we could not subsist. 

9. There are some Coper mines found among 
us, which have not yet been very frofitable to the 
undertakers, Iron Oare hath been found in sundry 
places and improved to good advantage. 



Answers to foregoing Questions, 355 

10. The number of oure Inhabitants of both 
sexes and all ages are computed to be 38,000, and 
about 700 Indians and Negroes. The Inhabitants 
are much increased within this ten years last past, 
the reasons are chiefly the country is new and 
large, secondly the intestate estates are or have 
been divided among all theire children, which en- 
courages them while in theire fathers family to join 
theire united strength to cleare and subdue the 
earth, and thereby make room for theire own set- 
tlement, when they come of age, but the consum- 
mate and principall reason is the blessing of the 
almightie on the fruit of our bodies and the fruit 
of our land. 

11. The number of our milletia according to list 
or muster rolls of the trainbands, which consist of 
all from sixteen to fifty five years of age is 3500. 

12. In time of War we have always had sun- 
dry Forts on oure frontiers to cover us from the in- 
sults of the French and Indians, which yet have 
never been of any great service to us, the enemy 
coming in small partys surprise our people sudden- 
ly, and then flee into the adjacent wood, we have 
had a Fort at New London long since and severall 
pieces of cannon, but are now building a new Fort 
where are already mounted foure cannons to se- 
cure that port, and in a short time intend divers 
more shall be there mounted. 

13. The number of Indians amongst us are 
about 1600 of both sexes and all ages, they are 
inclined to hunting, idlenes and excessive drinking, 
some of their youth are now in a school at Mohe- 
gan, set up and maintained by the English, for that 
purpose, and they give good evidence of their do- 
sability. 

14. The five nations,of Indians as they are called, 
live about 250 miles west ward from us. The French 



366 Answers to foregoing Questions. 

Indians that live at Canada and the Eastern Indi- 
ans which live about 250 miles to the northeast of 
us are oure only neighbouring Indians and theire 
strength is unknown to us. 

15. The Spaniards have not settled in North 
America to the eastward of Cape Florida, as we 
know of, which is very distant from us ; the French 
at Canada are about 400 miles north from us, and 
of considerable strength. 

16. The Spaniards in South America, have of 
late years taken some vessels from this, and sun- 
dry from the neighbouring Governments. The 
French at Canady have been very troublesome to 
this and the neighbouring Governments, always 
incouraging the Indians against the English, sup- 
plying them with arms and ammonition, and joyn- 
ing with them in making inroads in time of YVar, 
they are of considerable strength, and since they 
are setled on the River Saint Laurance, and on 
Maseeipi,* to the mouth of it, boasting in time 
they will drive us all into the sea. 

17. The annuall Revenue, arising on rates and 
dutys is about £4000 in our paper currency, of 
which about £1000 is yearly laid out in maintain- 
ing free schools for the education of oure children, 
the remainder is for the support of his Majesties 
Government here and to sink a heavy debt we 
contracted in the war and oure expedition against 
Canada and Anapolis in the Reign of Queen Anne. 

18. Oure sivill establishments, are first, a Su- 
perior Court, consisting of one Chief Judg and 
four Judges ; this court sits twice in the year in 
each county, trys all high crimes and misdemean- 
ours, and sivill actions that come to them by ap- 
peals from the inferior court, secondly, an inferi- 

* Mississippi. 



Letter from George II. 357 

our court in each county consisting of one Chief 
Judge and three more Justises of the quorum, 
these courts have theire quarter sessions for the 
tryall of delinquents and sivill actions ; thirdly, in 
most of oure Towns is one or more Justises of 
the Peace, for the conservation of the peace, and 
tryall of small cases. 

19. The malitia is divided into five Regiments, 
as many as there are counties ; over which the 
chief officer is at present a Major, to each of which 
Regiments belongs a troop ; the superiour officers 
are appointed by the General Court ; the Captains, 
Lieutenants and Ensigns, are chosen by the soul- 
diers, approved by the Generall Court, and all 
commissioned by the Govern'r in the name of 
oure Lord the King. 

To the Right Honourable the Lords commis- 
sioners for trade and Plantations. 

Signed pr order of his Hon'r the Gov'r and the 
Assembly. 

Hez, Wyllys, Secretary. 



Letter from his Majesty George the Second. 
George R. 




Additional instructions to our trusty and well 
beloved the Governor and company of our Colo- 
ny of Connecticut in New England in America, or 
to the Governor and company of our said Colony > 



358 Form of Prayers for Royal Family. 

for the time being — Given at our Court at St. 
James's the fifth day of May 1732, in the fifth 
year of our Reign. 

Whereas complaint hath been made to us by 
the Merchants of our city of London, in behalf 
of themselves and of several others of our good 
subjects of Great Britain, trading to our planta- 
tions in America, that greater Duties and Imposi- 
tions are laid on their Ships and Goods, than on 
the Ships and Goods of persons who are natives 
and inhabitants of the said Plantations. It is 
therefore our will and pleasure that you do not, 
upon any pretence whatsoever, on pain of our 
highest displeasure, give assent, for the future to 
any law wherein the natives, or inhabitants of the 
Colony of Connecticut under your Government, 
are put on a more advantageous footing than those 
of this Kingdom. It is further our will and pleas- 
ure, that you do not, and you are hereby expressly 
forbid to pass any law by which the trade or nav- 
igation of this Kingdom, may be any ways affec- 
ted ; hereby declareing it to be our Royal intention 
no duties shall be laid in the Colony under your 
Government, upon British shipping, or upon the 
Product or Manufactures of Great Britain, upon 
any pretence whatsoever. 

G. R. 



Order to be observed in Prayers for the Royal 
Family. 

At a General Assembly holden at Hartford in 
his Majesties Colony of Connecticut, on the second 
Thursday of May, A. D. 1741. 



Questions to the Colony, 359 

Whereas at a councell held at St. James's the 
29th of January 1740, His Majesty was pleased to 
declare his Royal pleasure that in all publick ser- 
vices where the Royal Family is appointed to be 
prayed for, the following form and order, shall be 
observed viz. Their Royal Highnesses Frederick 
Prince of Wales, the Princess of Wales, the Duke, 
the Princess, the Issue of the Prince and Princess 
of Wales, and all the Royal Family. 

And to the end that the same form and order 
may be observed in this His Majesty's Colony of 
Connecticut, His Majesty has been pleased to or- 
der the Governor and Company of this Colony, 
to cause the same to be forthwith published in all 
churches and other places, of Divine worship, 
within this colony, and take care that obedience be 
paid thereto accordingly. 

Be it enacted by the Governor, Council and 
Representatives in General Court Assembled, and 
by the authority of the same, that obedience be 
paid to His Majesty's order aforesaid, and that a 
copy of this act be forthwith printed and sent to 
the several churches and places of Divine worship 
and there published accordingly. 



Queries from the Board of Trade to the Governor 
and Company of the Colony of Connecticut. 

What is the situation of the Colony under your 
Government ; the nature of the country, soil and 
climate, the Latitude and Longitudes of the most 
considerable places in it or the neighbouring 
French or Spanish settlements ; have those Lati- 



360 Questions to the Colony, 

tudes and Longitudes been settled by good obser- 
vations, or only by common computations, and 
from whence are the Longitudes computed ? 

What are the reputed boundaries, and are any 
parts thereof disputed, what parts and by whom? 

What is the Constitution of the Government? 

What is the trade of the colony, the number of 
shipping, their tonnage, and the number of sea- 
faring men, with the respective increase or dimin- 
ution within ten years past ? 

What quantity and sorts of British manufac- 
tures do the inhabitants annually take from hence ? 

What trade has the colony under your Govern- 
ment, with any foreign Plantations, or any part of 
Europe, besides Great Britain, how is that trade 
carried on, what commodities do the people under 
your Government send to, or receive from foreign 
plantations ? 

What methods are there used to prevent illegal 
trade, and are the same effectual ? 

What is the natural produce of the country, 
staple commodities and manufacturies; and what 
value thereof in Sterling money, may you annual- 
ly export ? 

What mines are there 1 

What is the number of inhabitants, whites and 
blacks ? 

Are the inhabitants increased or decreased with- 
in the last ten years, how much and for what rea- 
sons? 

What is the number of the Militia ? 

What Forts and places of defence are there 
within your Government, and in what condition ? 

What number of Indians have you, and how 
are they inclined ? 

What is the strength of the neighbouring Indi- 
ans ? 



Answers to foregoing Qestions* §61 

What is the strength of your neighbouring Eu- 
ropeans, French or Spaniards ? 

What effect have the French or Spanish settle- 
ments on the continent of America, upon his Ma- 
jesties Plantations, especially on your colony ? 

What is the Revenue arising within your Gov- 
ernment, and how is it appropriated ? 

What are the ordinary and extraordinary ex- 
expences of your Government ? 

What are the establishments, civil and Milita- 
ry within your Government, and by what authori- 
ty do the officers hold their places?* 



Answers to the foregoing Questions, 

May it please your Lordships — 

We ha received your queries directed to the 
Gov'r and Company of this his Maj'ties colony of 
Connecticut, and in answer thereunto inform your 
Lordships — 

1. The situation of the colony, as hath been 
found by regulated and careful observations, is be- 
tween 41 and 42 degrees of N. Latitude, and 
about 71 of West Longitude from London ; the 
three most considerable rivers in the colony, are 
Connecticut, Stratford and New London river, the 
two principal branches of which last mentioned 
river, called Quinebaug and Shetuckett, tis boun- 

* It will be observed that the date is not affixed to the 
above, but by an indorsement on the back of the original 
manuscript, it appears that it was received by the Governor 
on the 13th day 1 1 Sej . mber, 1748. 
31 



362 Answers to foregoing Questions, 

ded Southerly by the sea or sound, near which, 
and by the rivers, the soil is more fruitfull, but the 
greatest part of the land is mountainous and rocky ; 
the climate is very cold in winter and hot in sum- 
mer. 

2. The colony is bound Southerly on the sea 
or sound, Easterly on Rhode Island, Westerly on 
New York, North on the line of the Massachu- 
setts colony. 

3. As to the Constitution of the Government, 
the Legislative power, is by the Royal Charter, 
vested in the Generall Assembly, which consists of 
the Gov'r, or in his absence, the D. Governour 
and twelve assistants (whereof the Gov'r, Deputy 
Gov'r and six assistants are a Quorum.) and Rep- 
resentatives from each town, not exceeding two ; 
all which are chosen by the freemen of the re- 
spective towns ; the Gov'r, or Deputy Gov'er and 
assistants are called the upper House, the Depu- 
ties or Representatives, the lower House ; with- 
out the concurrence of each House, no actispass'd; 
they make laws, institute judicatures, appoint 
Judges and other necessary affairs, who before 
they enter upon their respective offices are al 
sworn ; they meet twice in each year, viz. in May 
and October, and oftener if called together by the 
Gov'r on any emergency. 

4. The trade of the colony is not large, hor- 
ses, lumber and some provisions, are exported to 
the West India Islands ; from whence we receive 
in exchange, sugar, rum, molasses, salt, some bills 
of exchange ; what provisions we can spare are 
principally sent to Boston, New York and Rhode 
Island, to pay for European goods which we have 
mostly from thence, though of late we have had 
some quantities of goods imported directly from 
Great Brittain, which trade we are endeavouring 



Answers to foregoing Questions. 363 

to cultivate ; as to the number of shipping and 
sea faring men we must referr you to the acc't 
from the Collector and Naval Officer, which we 
herewith transmit, and which is sent quarterly to 
the Commissioners of the Customs. 

5. Our inhabitants, take annually of the Brit- 
ish manufactures, all sorts of woollen cloath, silks, 
scythes, nails, glass, pewter, brass, fire arms, and 
all sorts of cutlery ware, the quantity we cannot 
ascertain. 

6. We have at present, no trade with any for- 
eign plantations, though before the late war, we 
had some few vessells that went up the Mediter- 
ranean with Fish, with which they purchased bills 
of exchange, and brought the effects home in 
British manufactures. 

7. The methods used to prevent illegal trade 
are a strict conformity to the acts of Parliament, 
relating thereto, by the Collector and Naval Offi- 
cer, which we conclude are effectual. 

8. The produce of the country consists of tim- 
ber, English grain, Indian corn, flax, hemp, tobac- 
co, horses, cattle, sheep, swine ; some small quan- 
tities of each of which are annually exported, as 
before mentioned ; our ..manufactures are incon- 
siderable, our people being generally imployed in 
clearing and tilling the earth; some tradesmen 
there are, as Tanners, Shoemakers, Joyners, 
Smiths, Carpenters, &c. without which we could 
not subsist. 

9. There are some coper mines, but proving 
unprofitable, are wholly laid aside ; iron oar hath 
been found in sundry places, and improved to 
good advantage. 

10. The number of our inhabitants of both 
sexes and all ages, are computed to be about 
70,000 whites, and 1000 blacks, and they are great- 



364 Answers to foregoing Questions'. 

Iy increased within the ten years last past, which 
we attribute, (under the Divine Blessing,) to a 
wholesom air, industrious life, and frugality in liv- 
ing. 

11. The Militia are computed to be about 
1 0,000, recconing from 1 6 to 50 years of age. 

12. We have a Battery at New London, in 
which are 9 guns mounted, and in our most expo- 
sed positions, many fortifications, to secure the 
people from the insults of the enemy. 

13. The Indians among us are about 500 in 
all, they are naturally inclined to idleness and ex- ^ 
cessive drinking, but the great pains that hath been 
taken, to instruct them in literature, and in the 
christian religion seems not to be altogether in 
vain. 

14. There are no Indians that border upon 
us ; the six nations, so called, are the nearest, who 
live partly in New York GovernnTt, and partly 
westward of it. 

15. The Spaniards have no settlements near 
to us than St. Augusteen ; the French, at Cana- 
da, though not very near, have been very trouble- 
some, especially since they have built a strong 
Fort on this side the Lake, at a place called Crown 
Point, from which they, with the Indians, often 
make excursions, and distress our Frontiers, and 
those of New York and the Massachusetts, which 
occasions a great expence in garrisoning them. 

16. The annual Revenue, by rates and duties, 
in time of peace, amounts to about £9000 in bills 
of credit," about £2000 of which is expended in 
the support of schools for the education of youth ; 
the remainder for the support of Government ; 
since the commencement of the war, our expell- 
ees have been vastly greater. 



Answers to foregoing Questions. 365 

17. Our civill establishments, are 1, a Superi- 
our Court, consisting of one Chief Judg, and four 
assisting Judges, this Court sitts twice in the year 
in each county, in which are tryed all high crimes 
and misdemeanours, and civil actions that come 
to them by appeal from Inferiour Courts. 2, an 
Inferiour Court in each county, consisting of one 
Chief Judg and three or more Justices of the 
Quorum, who sit twice in the year, and oftener if 
occasion requires, for the tryal of delinquents and 
civil actions ; in all these Courts, matters of law 
is determined by the Court, and matter of fact by 
a Jury. 3, in each town, are one or more Justi- 
ces of the Peace, for conservation of the peace, 
and tryal of small causes ; the Militia is divided 
into thirteen Regiments, the officers in each, are a 
Col' Lieut. Col' and Major, and in each Regi- 
ment, is a Troop of Horse, all the officers, both 
civil and Military, are approved by the Gen'l As- 
sembly, and commissioned by the Gov'r. 

Colony of Connecticutt, j Hartford, May 11th, 
General Assembly, \ 1749. 

Upper House — The foregoing are answers to 
the queries from their Lordships of the Board of 
Trade, to the Governour and Company of the 
Colony of Connecticutt, and ordered the Secreta- 
ry to direct the same to the Right Hon'ble the 
Lords Commissioners for Trade and Plantations, 
and sign the same, pr order of this Assembly. 

Test GEORGE WYLLYS, Sec'ry. 

In the Lower House — The foregoing answers 
to ve Queries, read and approved by concurrance. 
Test JNO. FOWLER, Clerk. 



31 



366 Declaration of Rights. 

Anno Regni Regis Georgii tertii 14th. 

At a General Assembly of the Governor and 
Company of the English Colony of Connecticut 
in New England in America, holden at New Ha- 
ven in said Colony on the second Thursday of 
October, being the 13th day of said month and 
continued by several adjournments to the fourth 
day of November next following Annoq. Dom. 
1774. 

By the House of Representatives of the Eng- 
lish Colony of Connecticut, second Thursday of 
May 1774. 

This House taking into serious consideration 
sundry acts of the British Parliament in which the 
power and right to impose duties and taxes upon 
His Majesties subjects in the British Colonies and 
Plantations in America, for the purpose of raising a 
Revenue only, are declared, attempted to be exer- 
cised and in various ways enforced and carried 
into execution, and especially a very late act, in 
which pains and penalties are inflicted on the cap- 
ital of a neighboring Province, a precedent justly 
allarming to every British Colony in America, and 
which being admitted and established, their lives 
liberties and properties are at the mercy of a Tri- 
bunal where innocence may be punished upon the 
accusation and evidence of wicked men without 
defence and even without knowing its accusers, a 
precedent calculated to terrify them into silence 
and submission, whilst they are stripped of their 
invaluable rights and liberties, do think it expedi- 
ent and their duty at this time to renew their claim 
to the rights, privileges and immunities of free 
born Englishmen, to which they are justly entitled, 
by the laws of nature, by the Royal Grant and 
Charter of his late Majesty King Charles the sec- 



Declaration of Rights. 367 

ond, and by long and uninterrupted possession, and 
thereupon do declare and Resolve as follows to 
wit — 

In the first place we do most expressly declare, 
recognize and acknowledge His Majesty George 
the Third to be the lawful and rightful King of 
Great Britain and all other his dominions and 
countries, and that it is the indispensible duty of 
the people of this Colony, as being part of his Ma- 
jesties dominions, always to bear faithful and true 
allegiance to His Majesty, and him to defend to 
the utmost of their power against all attempts up- 
on his person, crown and dignity. 

2. That the subjects of His Majesty in this 
Colony, ever have had, and of right ought to have 
and enjoy all the liberties, immunities and privil- 
eges of free and natural born subjects, within any 
of the dominions of our said King, his heirs and 
successors, to all intents, constructions and pur- 
poses whatsoever as fully and amply, as if they 
and every of them were born within the realm of 
England, that they have a property in their own 
estate, and are to be taxed by their own consent 
only, given in person or by their Representatives* 
and are not to be disseized of their liberties or 
free customs, sentenced or condemned, but by law- 
ful judgment of their Peers, and that the said rights 
and immunities are recognized and confirmed to 
the inhabitants of this Colony by the Royal grant 
and Charter aforesaid, and are their undoubted 
rights to all intents, constructions and purposes 
whatsoever. 

3. That the only lawful Representatives of the 
freemen of this Colony, are the persons they elect 
to serve as members of the General Assembly 
thereof. 

4. That it is the just right and privilege of 



368 Declaration of Rights. 

His Majesties leige subjects of this Colony to be 
Governed by their General Assembly in the article 
of taxing and internal police, greeable to the pow- 
ers and privileges recognized and confirmed in the 
Royal Charter aforesaid, which they have enjoyed 
for more than a century past, and have neither for- 
feited nor surrendered, but the same have been 
constantly recognized by the King and Parliament 
of Great Britain. 

5. That the erecting new and unusual courts 
of Admiralty, and vesting them with extraordina- 
ry powers above, and not subject to the controll 
of the common law courts in this Colony, to judge 
and determine in suits relating to the duties and 
forfeitures contained in said acts, foreign to the ac- 
customed and established jurisdiction of the for- 
mer courts of Admiralty in America, is in the 
opinion of this House, highly dangerous to the lib- 
erties of His Majesty's American subjects, con- 
trary to the great Charter of English liberty, and 
destructive of one of their most darling rights ; 
that of tryal by Jurors, which is justly esteemed 
one chief excellence of the British* constitution, 
and a principal bulwark of English liberty. 

6. That the apprehending and carrying persons 
beyond the sea to be tryed for any crime alleged 
to be committed within this Colony, or subjecting 
them to be tryed by commissioners, or any court 
constituted by act of Parliament or otherwise 
within this Colony in a summary way without a 
Jury, is unconstitutional and subversive of the lib- 
erties and rights of the free subjects of this Col- 
ony. 

7. That any Harbors or Ports duly opened and 
constituted cannot be shut up and discharged but 
by an act of the Legislature of the Province or 
Colony on which such Port or Harbor is situated 



Declaration of Rights. 3G9 

without subverting the rights and liberties and de- 
stroying the property of his Majesty's subjects. 

8. That the late act of Parliament inflicting 
pains and penalties on the town of Boston by block- 
ing their Harbor is a precedent justly alarming to 
the British Colonies in America, and wholly incon- 
sistent with, and subversive of their constitutional 
rights and liberties. 

9. That whenever His Majesties service shall 
require the aid of the inhabitants of this Colony, 
the same fixed principles of Loyalty, as well as 
self preservation which have hitherto induced us 
fully to comply with His Majesties requisitions, to- 
gether with the deep sence we have of its being 
our indispensible duty, in the opinion of this House, 
will ever hold us under the strongest obligations 
which can be given or desired most cheerfully to 
grant His Majesty, from time to time, our farther 
proportion of men and money, for the defence, 
protection, security and other services of the Brit- 
ish American dominions. 

10. That we look upon the well being and 
greatest security of this Colony to depend (under 
God) on our connections with Great Britain which 
is ardently wished may continue to the latest pos- 
terity ; and that it is the humble opinion of this 
House, that the constitution of this Colony being 
understood and practiced upon as it has ever since 
it existed til very lately, is the surest bond of un- 
ion, confidence and mutual prosperity of ,our 
mother country and us, and the best test founda- 
tion on Which to build the good of the whole, wheth- 
er considered in a civil, military or mercantile light; 
and of the truth of this opinion, we are the more 
confident, as it is not founded on speculation only, 
but has been verrified in fact, and by long experi- 
ence found to produce according to our extent and 



370 Declaration of Rights. 

other circumstances, as many loyal, virtuous, in- 
dustrious and well governed subjects as any part 
of his Majesty's dominions, and as truly zealous, 
and as warmly engaged to promote the best good 
and real glory of the grand whole, which consti- 
tutes the British empire. 

11. That it is an indispensible duty which we 
owe to our King, our Country, ourselves and our 
posterity, by all lawful ways and means in our 
power, to maintain, defend and preserve these our 
posterity, by all lawful ways and means now in 
our power to maintain, defend and preserve these 
our rights and liberties, and to transmit them en- 
tire and inviolate to the latest generations, and that 
it is our fixed, determined and unaltered resolution 
faithfully to discharge this our duty. 

In the Lower House the foregoing resolutions 
being read distinctly, three several times and con- 
sidered, were voted and passed with great una- 
nimaty ; and it is further voted and requested by 
this House, that the same be entered on the rec- 
ords and remain on the files of the General Assem- 
bly of this Colony. 

Test Williams Clerk, H. R. 

In the Upper House the consideration of the 
request of the Lower House, that the aforesaid 
resolutions should be entered on the records of the 
Assembly &c. is referred to the General Assem- 
bly to be holden at New Haven, on the second 
Thursday of October next. 

Test George Wyllys, Secretary. 

In the Upper House on further consideration 
&c. it is agreed and consented to, that the forego- 
ing resolutions, according to the request of the 
Lower House be entered on the records and remain 
on the files of the General Assembly of this colony. 
Test George Wyllys, Secretary. 



Declaration of Independence. 371 

At a General Assembly of the Governor and Com- 
pany of the English Colony of Connecticut in 
New England in America, holden at Hartford, 
in said Colony, by special order of the Govern- 
or, on the 14th day of June, A. I)om. 1776. 

Whereas the King and Parliament of Great 
Britain, by many acts of said Parliament have 
claimed and attempted to exercise powers incom- 
patible with, and subversive of the ancient, just 
and constitutional rights of this and the rest of the 
English Colonies in America, and have refused to 
listen to the many and frequent, humble, decent 
and dutiful petitions for redress of grievances and 
restoration of such their rights and liberties, and 
turning from them with neglect and contempt to 
support such claims, after a series of accumulated 
wrong and injury, have proceeded to invade said 
Colonies with Fleets and Armies, to destroy our 
towns, shed the blood of our countrymen, and in- 
volve us in the calamities incident to war ; and 
are endeavoring to reduce us to an abject surren- 
der of our natural and stipulated rights, and sub- 
ject our property to the most precarious depen- 
dance on their arbitrary will and pleasure, and our 
persons to slavery, and at length have declared 
us out of the Kings protection, have engaged for- 
eign mercenaries against us, and are evidently and 
streanously seeking our ruin and destruction. — 
These and many other transactions, too well known 
to need enumeration ; the painful experience and 
effects of which we have suffered and feel, make 
it evident, beyond the possibility of a doubt, that 
we have nothing to hope from the justice, human- 
ity or temperate councels of the British King or 
his Parliament, and that all hopes of a reconcilia- 
tion, upon just and equal terms are delusory and 



S72 "Declaration of Independence* 

vain. In this state of extreme danger, when no 
alternative is left us but absolute and indefinite sub- 
mission to such claims as must terminate in the 
extreme of misery and wrechedness, or a total 
separation from the King of Great Britain, and 
renunciation of alF connection with that nation, 
and a succesful resistance to that force which is 
intended to effect our destruction. Appealing to 
that God, who knows the secrets of all hearts, for 
the sincerity of former declarations of our desire 
to preserve our ancient and constitutional relation 
to that nation, and protesting solemnly against 
their oppression and injustice, which have driven 
us from them, and compelled us to use such means 
as God in his providence hath put in our power, 
for our necessary defence and preservation — 

Resolved unanimously by this Assembly, that 
the Delegates of this Colony in General Congress, 
be, and they are hereby instructed to propose to 
that respectable body, to declare the United Amer- 
ican Colonies, free and independent States, absol- 
ved from all allegiance to the King of Great Brit- 
ain, and to give the assent of this Colony to such 
Declaration, when they shall judge it expedient 
and best, and to whatever measures may be tho't 
proper and necessary by the Congress, for form- 
ing foreign alliances, or any plan of operations for 
necessary and mutual defence : and also that they 
move and promote, as fast as may be convenient, 
a regular and permanent plan of union and con- 
federation of the Colonies for the security and 
preservation of their just rights and liberties, and 
"for mutual defence and security — saving that the 
administration of Government and the power 
ought to be left and remain to the respective Co- 
lonial Legislatures ; and that such plan be submit- 
ted to the respective Legislatures for their previ- 
ous consideration and assent. Finis. 














^ 
^ 




iV ^ 







««?* 



°o. 











^^ 







•. W 



W 






V 



TVs* <? *o 'o. 





^ & 
*,<* 



^ ** 
*><* 











vP 



S*** 












-^ 



C~ ♦ 



J- -** 






V 



■,MAP7i«v 




♦2> 

• 
% «£ * 




**^ 



^ t* 






LIBRARY OF CONGRESS 




014 111 602 2 



